Full Text of HB1129 102nd General Assembly
HB1129 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1129 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | |
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 |
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| 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 Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 8 | | the circuit may establish a drug testing program as provided
| 9 | | by this Section in any county in the circuit if the county | 10 | | board has approved
the establishment of the program and the | 11 | | county probation department or
pretrial services agency has | 12 | | consented to administer it. The drug testing
program shall be | 13 | | conducted under the following provisions: | 14 | | (a) The court, in the case of a defendant charged with a | 15 | | felony offense or
any offense involving the possession or | 16 | | delivery of cannabis or a
controlled substance, shall:
| 17 | | (1) not consider the release of the defendant on his | 18 | | or 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
| 2 | | conditions of release or in considering the defendant's | 3 | | motion to reduce
the amount of bail.
| 4 | | (b) The drug testing shall be conducted by the pretrial | 5 | | services agency or
under the direction of the probation | 6 | | department when a pretrial services
agency does not exist in | 7 | | accordance with this Section.
| 8 | | (c) A defendant who consents to periodic drug testing as | 9 | | set forth in this
Section
shall sign an agreement with the | 10 | | court that, during the period of release,
the defendant shall | 11 | | refrain from using illegal drugs and that the
defendant will | 12 | | comply with the conditions of the testing program. The
| 13 | | agreement shall be on a form prescribed by the court and shall | 14 | | be executed
at the time of the bail hearing. This agreement | 15 | | shall be made a specific
condition of bail.
| 16 | | (d) The drug testing program shall be conducted as | 17 | | follows:
| 18 | | (1) The testing shall be done by urinalysis for the | 19 | | detection of
phencyclidine, heroin, cocaine, methadone and | 20 | | amphetamines.
| 21 | | (2) The collection of samples shall be performed under | 22 | | reasonable and
sanitary conditions.
| 23 | | (3) Samples shall be collected and tested with due | 24 | | regard for the
privacy of the individual being tested and | 25 | | in a manner reasonably
calculated to prevent substitutions | 26 | | or interference with the collection or
testing of reliable |
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| 1 | | samples.
| 2 | | (4) Sample collection shall be documented, and the | 3 | | documentation
procedures shall include:
| 4 | | (i) Labeling of samples so as to reasonably | 5 | | preclude the probability of
erroneous identification | 6 | | of test results; and
| 7 | | (ii) An opportunity for the defendant to provide | 8 | | information on the
identification of prescription or | 9 | | nonprescription drugs used in connection
with a | 10 | | medical condition.
| 11 | | (5) Sample collection, storage, and transportation to | 12 | | the place of
testing shall be performed so as to | 13 | | reasonably preclude the probability of
sample | 14 | | contamination or adulteration.
| 15 | | (6) Sample testing shall conform to scientifically | 16 | | accepted analytical
methods and procedures. Testing shall | 17 | | include verification or confirmation
of any positive test | 18 | | result by a reliable analytical method before the
result | 19 | | of any test may be used as a basis for any action by the | 20 | | court.
| 21 | | (e) The initial sample shall be collected before the | 22 | | defendant's release
on bail. Thereafter, the defendant shall | 23 | | report to the pretrial services
agency or probation department | 24 | | as required
by the agency or department. The pretrial
services | 25 | | agency or probation department shall
immediately notify the | 26 | | court of
any defendant who fails to report for testing.
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| 1 | | (f) After the initial test, a subsequent confirmed | 2 | | positive test result
indicative of continued drug use shall | 3 | | result in the following:
| 4 | | (1) Upon the first confirmed positive test result, the | 5 | | pretrial services
agency or probation department, shall | 6 | | place the defendant on a more
frequent testing schedule | 7 | | and shall warn the defendant of the consequences
of | 8 | | continued drug use.
| 9 | | (2) A second confirmed positive test result shall be | 10 | | grounds for a
hearing before the judge who authorized the | 11 | | release of the defendant in
accordance with the provisions | 12 | | of subsection (g) of this Section.
| 13 | | (g) The court shall, upon motion of the State or upon its | 14 | | own motion,
conduct a hearing in connection with any defendant | 15 | | who fails to appear for
testing, fails to cooperate with the | 16 | | persons conducting the testing
program, attempts to submit a | 17 | | sample not his or her own or has had a
confirmed positive test | 18 | | result indicative of continued drug use for the second
or | 19 | | subsequent time after the
initial test. The hearing shall be | 20 | | conducted in accordance with the
procedures of Section 110-6.
| 21 | | Upon a finding by the court that the State has established | 22 | | by clear and
convincing evidence that the defendant has | 23 | | violated the drug testing
conditions of bail, the court may | 24 | | consider any of the following sanctions:
| 25 | | (1) increase the amount of the defendant's bail or | 26 | | conditions of release;
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| 1 | | (2) impose a jail sentence of up to 5 days;
| 2 | | (3) revoke the defendant's bail; or
| 3 | | (4) enter such other orders which are within the power | 4 | | of the court as
deemed appropriate.
| 5 | | (h) The results of any drug testing conducted under this | 6 | | Section
shall not be admissible on the issue of the | 7 | | defendant's guilt in connection
with any criminal charge.
| 8 | | (i) The court may require that the defendant pay for the | 9 | | cost of drug
testing.
| 10 | | (Source: P.A. 88-677, eff. 12-15-94.)
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