State of Illinois
92nd General Assembly

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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's
10    Attorney, an Assistant State's Attorney, or other employee of
11    the  Office of the State's Attorney or for a peace officer or
12    other employee of a law enforcement agency  to  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 107-4 of 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's
 7    Attorney's Office shall 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 official documentation to locate that evidence.
13        (b)  After  a trial resulting in a judgment 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  an
25        offense defined in Article 9 of the  Criminal    Code  of
26        1961.
27             (2)  For  25  years  following  any conviction for a
28        violation of Section 12-13,  12-14,  12-14.1,  12-15,  or
29        12-16 of the Criminal Code of 1961.
30             (3)  For  7  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 or law enforcement agency required to retain
 3    having custody of evidence 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  must  be  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  of this 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  in
16    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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