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92_HB2228
LRB9206812ARsb
1 AN ACT concerning evidence.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 31-4 as follows:
6 (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
7 Sec. 31-4. Obstructing justice.
8 A person obstructs justice when, with intent to prevent
9 the apprehension or obstruct the prosecution or defense of
10 any person, he knowingly commits any of the following acts:
11 (a) Destroys, alters, conceals or disguises physical
12 evidence, plants false evidence, furnishes false information;
13 or
14 (a-5) Violates the provisions of Section 116-4 of the
15 Code of Criminal Procedure of 1963; or
16 (b) Induces a witness having knowledge material to the
17 subject at issue to leave the State or conceal himself; or
18 (c) Possessing knowledge material to the subject at
19 issue, he leaves the State or conceals himself.
20 (d) Sentence.
21 (1) Obstructing justice is a Class 4 felony, except
22 as provided in paragraph (2) of this subsection (d).
23 (2) Obstructing justice in furtherance of
24 streetgang related or gang-related activity, as defined
25 in Section 10 of the Illinois Streetgang Terrorism
26 Omnibus Prevention Act, is a Class 3 felony.
27 (Source: P.A. 90-363, eff. 1-1-98.)
28 (720 ILCS 5/33-5 rep.)
29 Section 10. The Criminal Code of 1961 is amended by
30 repealing Section 33-5.
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1 Section 15. The Code of Criminal Procedure of 1963 is
2 amended by changing Section 116-4 as follows:
3 (725 ILCS 5/116-4)
4 Sec. 116-4. Preservation of evidence Chain of custody.
5 (a) In a prosecution for any felony, as defined in
6 Section 2-7 a violation of Section 12-13, 12-14, 12-14.1,
7 12-15, or 12-16 of the Criminal Code of 1961, unless
8 otherwise provided by law or court order, a or in a
9 prosecution for an offense defined in Article 9 of that Code,
10 the law enforcement agency, licensed attorney, or any person
11 acting as an agent on behalf of a law enforcement agency, and
12 the State's Attorney's Office shall preserve, subject to a
13 continuous chain of custody, any physical evidence in the
14 possession of the law enforcement agency, attorney, or agent
15 that has been inventoried secured in relation to a trial,
16 with and sufficient official documentation to locate that
17 evidence.
18 (b) After a trial resulting in a judgment of conviction,
19 (1) the court shall enter an order requiring all items of
20 physical the evidence admitted at trial to shall either be
21 impounded with the Clerk of the Circuit Court, (2) either
22 party may petition the court for the entry of an impounding
23 order directing the Clerk of the Circuit Court to impound any
24 evidence inventoried by or in the possession of any law
25 enforcement agency that was not admitted into evidence, and
26 (3) either party may petition the court for the entry of an
27 impounding order directing the Clerk of the Circuit Court to
28 impound any evidence offered by the defendant and not
29 admitted into evidence. or shall be securely retained by a
30 law enforcement agency. Retention shall be:
31 (1) Permanent following any conviction for an
32 offense defined in Article 9 of the Criminal Code of
33 1961.
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1 (2) For 25 years following any conviction for a
2 violation of Section 12-13, 12-14, 12-14.1, 12-15, or
3 12-16 of the Criminal Code of 1961.
4 (3) For 7 years following any conviction for any
5 other felony for which the defendant's genetic profile
6 may be taken by a law enforcement agency and submitted
7 for comparison in a forensic DNA database for unsolved
8 offenses.
9 (b-1) After a trial resulting in acquittal, after the
10 entry of a plea of guilty, or after the dismissal of charges
11 for whatever reason, either party may petition the court for
12 the entry of an order directing the Clerk of the Circuit
13 Court to impound evidence (1) inventoried or in the
14 possession of any law enforcement agency, or (2) in the
15 possession of the defendant's attorney.
16 (c) The court may order the disposal or disposition of
17 any items of physical evidence otherwise subject to an
18 impounding order pursuant to subsections (b) or (b-1) After a
19 judgment of conviction is entered, the State's Attorney or
20 law enforcement agency having custody of evidence described
21 in subsection (a) may petition the court with notice to the
22 defendant for entry of an order allowing it to dispose of
23 evidence if, after a hearing, the court determines by a
24 preponderance of the evidence that:
25 (1) it has no significant value for forensic
26 science analysis and must be returned to its rightful
27 owner; or
28 (2) it has no significant value for forensic
29 science analysis and is of a size, bulk, or physical
30 character that it not usually retained by the law
31 enforcement agency and cannot practicably be retained by
32 the Clerk of the Circuit Court law enforcement agency.
33 (c-1) A party must move for the entry of an impounding
34 order as described in subsection (b) within 30 days after a
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1 judgement of conviction is entered. A party must move for
2 the entry of an impounding order as described in subsection
3 (b-1) within 30 days of the entry of the final order in that
4 case. Any party may move for a reasonable extension of the
5 time provided by this subsection if the motion for extension
6 is filed within the 30-day period.
7 (c-2) Unless otherwise ordered by the court, all items
8 of physical evidence impounded pursuant to this Section shall
9 be securely retained by the Clerk of the Circuit Court until
10 the completion of the sentence imposed for that conviction by
11 the court or the completion of all appeals, whichever is
12 later.
13 (d) (Blank). The court may order the disposition of the
14 evidence if the defendant is allowed the opportunity to take
15 reasonable measures to remove or preserve portions of the
16 evidence in question for future testing.
17 (e) For purposes of this Section, "law enforcement
18 agency" includes any law enforcement agency, as defined by
19 has the meaning ascribed to it in clause (a)(4) of Section
20 107-4 of this Code, any prosecuting authority, or any agency
21 of the State of Illinois having law enforcement powers and
22 duties.
23 (Source: P.A. 91-871, eff. 1-1-01.)