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92_HB2228enr HB2228 Enrolled LRB9206812ARsb 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 Criminal Code of 1961 is amended by 5 changing Section 33-5 as follows: 6 (720 ILCS 5/33-5) 7 Sec. 33-5. Preservation of evidence
Chain of custody. 8 (a) It is unlawful for a law enforcement agency or an 9 agent acting on behalf of the law enforcement agency State's10 Attorney, an Assistant State's Attorney, or other employee of11 the Office of the State's Attorney or for a peace officer or12 other employee of a law enforcement agencyto intentionally 13 fail to comply with the provisions of subsection (a) of 14 Section 116-4 of the Code of Criminal Procedure of 1963. 15 (b) Sentence. A person who violates this Section is 16 guilty of a Class 4 felony. 17 (c) For purposes of this Section, "law enforcement 18 agency" has the meaning ascribed to it in subsection (e) of 19 Section 116-4 clause (a)(4) of Section 107-4of the Code of 20 Criminal Procedure of 1963. 21 (Source: P.A. 91-871, eff. 1-1-01.) 22 Section 10. The Code of Criminal Procedure of 1963 is 23 amended by changing Section 116-4 as follows: 24 (725 ILCS 5/116-4) 25 Sec. 116-4. Preservation of evidence for forensic testing 26 Chain of custody. 27 (a) Before or after the trial in a prosecution for a 28 violation of Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 29 of the Criminal Code of 1961 or in a prosecution for an HB2228 Enrolled -2- LRB9206812ARsb 1 offense defined in Article 9 of that Code, or in a 2 prosecution for an attempt in violation of Section 8-4 of 3 that Code of any of the above-enumerated offenses, unless 4 otherwise provided herein under subsection (b) or (c), a law 5 enforcement agency or an agent acting on behalf of the law 6 enforcement agency the law enforcement agency and the State's7 Attorney's Officeshall preserve, subject to a continuous 8 chain of custody, any physical evidence in their possession 9 or control that is reasonably likely to contain forensic 10 evidence, including, but not limited to, fingerprints or 11 biological material secured in relation to a trial and with 12 sufficient officialdocumentation to locate that evidence. 13 (b) After a trial resulting in ajudgment of conviction 14 is entered, the evidence shall either be impounded with the 15 Clerk of the Circuit Court or shall be securely retained by a 16 law enforcement agency. Retention shall be permanent in cases 17 where a sentence of death is imposed. Retention shall be 18 until the completion of the sentence, including the period 19 of mandatory supervised release for the offense, or January 20 1, 2006, whichever is later, for any conviction for an 21 offense or an attempt of an offense defined in Article 9 of 22 the Criminal Code of 1961 or in Section 12-13, 12-14, 23 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or for :24 (1) Permanent following any conviction for an25 offense defined in Article 9 of the Criminal Code of26 1961.27 (2) For 25 years following any conviction for a28 violation of Section 12-13, 12-14, 12-14.1, 12-15, or29 12-16 of the Criminal Code of 1961.30 (3) For7 years following any conviction for any 31 other felony for which the defendant's genetic profile 32 may be taken by a law enforcement agency and submitted 33 for comparison in a forensic DNA database for unsolved 34 offenses. HB2228 Enrolled -3- LRB9206812ARsb 1 (c) After a judgment of conviction is entered, the 2 State's Attorney orlaw enforcement agency required to retain 3 having custody ofevidence described in subsection (a) may 4 petition the court with notice to the defendant or, in cases 5 where the defendant has died, his estate, his attorney of 6 record, or an attorney appointed for that purpose by the 7 court for entry of an order allowing it to dispose of 8 evidence if, after a hearing, the court determines by a 9 preponderance of the evidence that: 10 (1) it has no significant value for forensic 11 science analysis and should mustbe returned to its 12 rightful owner, destroyed, used for training purposes, or 13 as otherwise provided by law; or 14 (2) it has no significant value for forensic 15 science analysis and is of a size, bulk, or physical 16 character not usually retained by the law enforcement 17 agency and cannot practicably be retained by the law 18 enforcement agency; or .19 (3) there no longer exists a reasonable basis to 20 require the preservation of the evidence because of the 21 death of the defendant; however, this paragraph (3) does 22 not apply if a sentence of death was imposed. 23 (d) The court may order the disposition of the evidence 24 if the defendant is allowed the opportunity to take 25 reasonable measures to remove or preserve portions of the 26 evidence in question for future testing. 27 (d-5) Any order allowing the disposition of evidence 28 pursuant to subsection (c) or (d) shall be a final and 29 appealable order. No evidence shall be disposed of until 30 30 days after the order is entered, and if a notice of appeal is 31 filed, no evidence shall be disposed of until the mandate has 32 been received by the circuit court from the appellate court. 33 (d-10) All records documenting the possession, control, 34 storage, and destruction of evidence and all police reports, HB2228 Enrolled -4- LRB9206812ARsb 1 evidence control or inventory records, and other reports 2 cited in this Section, including computer records, must be 3 retained for as long as the evidence exists and may not be 4 disposed of without the approval of the Local Records 5 Commission. 6 (e) In for purposes ofthis Section, "law enforcement 7 agency" includes any of the following or an agent acting on 8 behalf of any of the following: a municipal police 9 department, county sheriff's office, any prosecuting 10 authority, the Department of State Police, or any other 11 State, university, county, federal, or municipal police unit 12 or police force. 13 "Biological material" includes, but is not limited to, 14 any blood, hair, saliva, or semen from which genetic marker 15 groupings may be obtained. has the meaning ascribed to it in16 clause (a)(4) of Section 107-4 of this Code.17 (Source: P.A. 91-871, eff. 1-1-01.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.
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