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90_HB1433ham001
LRB9002125MWpcam
1 AMENDMENT TO HOUSE BILL 1433
2 AMENDMENT NO. . Amend House Bill 1433 on page 48, by
3 inserting immediately below line 29 the following:
4 "Section 37. The Juvenile Court Act of 1987 is amended
5 by adding Section 1-10.5 as follows:
6 (705 ILCS 405/1-10.5 new)
7 Sec. 1-10.5. Laboratory reports.
8 (a) In any proceeding under the provisions of Article IV
9 concerning addicted minors or for a violation of any State
10 law relating to controlled substances or cannabis, a
11 laboratory report from the Department of State Police,
12 Division of Forensic Services, that is signed and sworn to by
13 the person performing an analysis and that states (1) that
14 the substance that is the basis of the alleged violation has
15 been weighed and analyzed, (2) the person's findings as to
16 the contents, weight and identity of the substance, and (3)
17 that it contains any amount of a controlled substance or
18 cannabis is prima facie evidence of the contents, identity
19 and weight of the substance. This report of the evidence
20 submitted to the laboratory may be based on Random Sampling
21 Under Normal Theory and Hypergeometric Sampling, both
22 scientifically acceptable methods of determining net weight
-2- LRB9002125MWpcam
1 and population content of the controlled substances and
2 cannabis. Attached to the report shall be a copy of a
3 notarized statement by the signer of the report giving the
4 name of the signer and stating (i) that he or she is an
5 employee of the Department of State Police, Division of
6 Forensic Services, (ii) the name and location of the
7 laboratory where the analysis was performed, (iii) that
8 performing the analysis is a part of his or her regular
9 duties, and (iv) that the signer is qualified by education,
10 training and experience to perform the analysis. The signer
11 shall also allege that scientifically accepted tests were
12 performed with due caution and that the evidence was handled
13 in accordance with established and accepted procedures while
14 in the custody of the laboratory.
15 (b) The State's Attorney shall serve a copy of the
16 report on the attorney of record for the accused, or on the
17 accused if he or she has no attorney, before any proceeding
18 in which the report is to be used against the accused other
19 than at a preliminary hearing when the report may be used
20 without having been previously served upon the accused.".