Bill Text: IL HB3388 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning a drug testing program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3388 Detail]

Download: Illinois-2009-HB3388-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3388 Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-6.5
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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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-6.5 as follows:
(725 ILCS 5/110-6.5)
Sec. 110-6.5. Drug testing program. The The Chief Judge of
the circuit may establish a drug testing program as provided by
this Section in any county in the circuit if the county board
has approved the establishment of the program and the county
probation department or pretrial services agency has consented
to administer it. The drug testing program shall be conducted
under the following provisions:
(a) The court, in the case of a defendant charged with a
felony offense or any offense involving the possession or
delivery of cannabis or a controlled substance, shall:
(1) not consider the release of the defendant on his or
her own recognizance, unless the defendant consents to
periodic drug testing during the period of release on his
or her own recognizance, in accordance with this Section;
(2) consider the consent of the defendant to periodic
drug testing during the period of release on bail in
accordance with this Section as a favorable factor for the

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defendant in determining the amount of bail, the conditions
of release or in considering the defendant's motion to
reduce the amount of bail.
(b) The drug testing shall be conducted by the pretrial
services agency or under the direction of the probation
department when a pretrial services agency does not exist in
accordance with this Section.
(c) A defendant who consents to periodic drug testing as
set forth in this Section shall sign an agreement with the
court that, during the period of release, the defendant shall
refrain from using illegal drugs and that the defendant will
comply with the conditions of the testing program. The
agreement shall be on a form prescribed by the court and shall
be executed at the time of the bail hearing. This agreement
shall be made a specific condition of bail.
(d) The drug testing program shall be conducted as follows:
(1) The testing shall be done by urinalysis for the
detection of phencyclidine, heroin, cocaine, methadone and
amphetamines.
(2) The collection of samples shall be performed under
reasonable and sanitary conditions.
(3) Samples shall be collected and tested with due
regard for the privacy of the individual being tested and
in a manner reasonably calculated to prevent substitutions
or interference with the collection or testing of reliable
samples.

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(4) Sample collection shall be documented, and the
documentation procedures shall include:
(i) Labeling of samples so as to reasonably
preclude the probability of erroneous identification
of test results; and
(ii) An opportunity for the defendant to provide
information on the identification of prescription or
nonprescription drugs used in connection with a
medical condition.
(5) Sample collection, storage, and transportation to
the place of testing shall be performed so as to reasonably
preclude the probability of sample contamination or
adulteration.
(6) Sample testing shall conform to scientifically
accepted analytical methods and procedures. Testing shall
include verification or confirmation of any positive test
result by a reliable analytical method before the result of
any test may be used as a basis for any action by the
court.
(e) The initial sample shall be collected before the
defendant's release on bail. Thereafter, the defendant shall
report to the pretrial services agency or probation department
as required by the agency or department. The pretrial services
agency or probation department shall immediately notify the
court of any defendant who fails to report for testing.
(f) After the initial test, a subsequent confirmed positive

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test result indicative of continued drug use shall result in
the following:
(1) Upon the first confirmed positive test result, the
pretrial services agency or probation department, shall
place the defendant on a more frequent testing schedule and
shall warn the defendant of the consequences of continued
drug use.
(2) A second confirmed positive test result shall be
grounds for a hearing before the judge who authorized the
release of the defendant in accordance with the provisions
of subsection (g) of this Section.
(g) The court shall, upon motion of the State or upon its
own motion, conduct a hearing in connection with any defendant
who fails to appear for testing, fails to cooperate with the
persons conducting the testing program, attempts to submit a
sample not his or her own or has had a confirmed positive test
result indicative of continued drug use for the second or
subsequent time after the initial test. The hearing shall be
conducted in accordance with the procedures of Section 110-6.
Upon a finding by the court that the State has established
by clear and convincing evidence that the defendant has
violated the drug testing conditions of bail, the court may
consider any of the following sanctions:
(1) increase the amount of the defendant's bail or
conditions of release;
(2) impose a jail sentence of up to 5 days;

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(3) revoke the defendant's bail; or
(4) enter such other orders which are within the power
of the court as deemed appropriate.
(h) The results of any drug testing conducted under this
Section shall not be admissible on the issue of the defendant's
guilt in connection with any criminal charge.
(i) The court may require that the defendant pay for the
cost of drug testing.
(Source: P.A. 88-677, eff. 12-15-94.)