Bill Text: IL HB4892 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any provision of the Code to the contrary, forensic testing that would result in the complete consumption of an evidentiary sample shall be permitted if the forensic testing utilizes methods sufficiently established in the particular field that have gained general acceptance and the forensic testing was not conducted in bad faith. Provides that prior to conducting forensic testing that would result in the complete consumption of an evidentiary sample, a forensic scientist must take all reasonable measures to preserve a portion of the evidentiary sample for subsequent forensic testing, unless in the course of the requested forensic testing, the forensic scientist has determined that complete consumption of an evidentiary sample is required to pursue a meaningful analytical result. Amends the Criminal Code of 2012. Provides that it is unlawful for a law enforcement agency or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provision. Provides that a violation is a Class 4 felony.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4892 Detail]

Download: Illinois-2019-HB4892-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4892 Introduced , by Rep. John Connor SYNOPSIS AS INTRODUCED:
720 ILCS 5/33-5
725 ILCS 5/116-4
Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any provision of the Code to the contrary, forensic testing that would result in the complete consumption of an evidentiary sample shall be permitted if the forensic testing utilizes methods sufficiently established in the particular field that have gained general acceptance and the forensic testing was not conducted in bad faith. Provides that prior to conducting forensic testing that would result in the complete consumption of an evidentiary sample, a forensic scientist must take all reasonable measures to preserve a portion of the evidentiary sample for subsequent forensic testing, unless in the course of the requested forensic testing, the forensic scientist has determined that complete consumption of an evidentiary sample is required to pursue a meaningful analytical result. Amends the Criminal Code of 2012. Provides that it is unlawful for a law enforcement agency or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provision. Provides that a violation is a Class 4 felony.
LRB101 17434 RLC 66843 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB4892 LRB101 17434 RLC 66843 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 33-5 as follows:
(720 ILCS 5/33-5)
Sec. 33-5. Preservation of evidence.
(a) It is unlawful for a law enforcement agency or an agent
acting on behalf of the law enforcement agency to intentionally
fail to comply with the provisions of subsection (a) or (a-5)
of Section 116-4 of the Code of Criminal Procedure of 1963.
(b) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(c) For purposes of this Section, "law enforcement agency"
has the meaning ascribed to it in subsection (e) of Section
116-4 of the Code of Criminal Procedure of 1963.
(Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 116-4 as follows:
(725 ILCS 5/116-4)
Sec. 116-4. Preservation of evidence for forensic testing.

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(a) Before or after the trial in a prosecution for a
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 or in a prosecution
for an offense defined in Article 9 of that Code, or in a
prosecution for an attempt in violation of Section 8-4 of that
Code of any of the above-enumerated offenses, unless otherwise
provided herein under subsection (b) or (c) this Section, a law
enforcement agency or an agent acting on behalf of the law
enforcement agency shall preserve, subject to a continuous
chain of custody, any physical evidence in their possession or
control that is reasonably likely to contain forensic evidence,
including, but not limited to, fingerprints or biological
material secured in relation to a trial and with sufficient
documentation to locate that evidence.
(a-5) Notwithstanding any provision of this Code to the
contrary, forensic testing that would result in the complete
consumption of an evidentiary sample shall be permitted if the
forensic testing utilizes methods sufficiently established in
the particular field that have gained general acceptance and
the forensic testing was not conducted in bad faith. Prior to
conducting forensic testing that would result in the complete
consumption of an evidentiary sample, a forensic scientist must
take all reasonable measures to preserve a portion of the
evidentiary sample for subsequent forensic testing, unless in
the course of the requested forensic testing, the forensic

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scientist has determined that complete consumption of an
evidentiary sample is required to pursue a meaningful
analytical result.
(b) After a judgment of conviction is entered, the evidence
shall either be impounded with the Clerk of the Circuit Court
or shall be securely retained by a law enforcement agency.
Retention shall be permanent in cases where a sentence of death
is imposed. Retention shall be until the completion of the
sentence, including the period of mandatory supervised release
for the offense, or January 1, 2006, whichever is later, for
any conviction for an offense or an attempt of an offense
defined in Article 9 of the Criminal Code of 1961 or the
Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 or for 7
years following any conviction for any other felony for which
the defendant's genetic profile may be taken by a law
enforcement agency and submitted for comparison in a forensic
DNA database for unsolved offenses.
(c) After a judgment of conviction is entered, the law
enforcement agency required to retain evidence described in
subsection (a) may petition the court with notice to the
defendant or, in cases where the defendant has died, his or her
estate, his or her attorney of record, or an attorney appointed
for that purpose by the court for entry of an order allowing it
to dispose of evidence if, after a hearing, the court

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determines by a preponderance of the evidence that:
(1) it has no significant value for forensic science
analysis and should be returned to its rightful owner,
destroyed, used for training purposes, or as otherwise
provided by law; or
(2) it has no significant value for forensic science
analysis and is of a size, bulk, or physical character not
usually retained by the law enforcement agency and cannot
practicably be retained by the law enforcement agency; or
(3) there no longer exists a reasonable basis to
require the preservation of the evidence because of the
death of the defendant; however, this paragraph (3) does
not apply if a sentence of death was imposed.
(d) The court may order the disposition of the evidence if
the defendant is allowed the opportunity to take reasonable
measures to remove or preserve portions of the evidence in
question for future testing.
(d-5) Any order allowing the disposition of evidence
pursuant to subsection (c) or (d) shall be a final and
appealable order. No evidence shall be disposed of until 30
days after the order is entered, and if a notice of appeal is
filed, no evidence shall be disposed of until the mandate has
been received by the circuit court from the appellate court.
(d-10) All records documenting the possession, control,
storage, and destruction of evidence and all police reports,
evidence control or inventory records, and other reports cited

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in this Section, including computer records, must be retained
for as long as the evidence exists and may not be disposed of
without the approval of the Local Records Commission.
(e) In this Section, "law enforcement agency" includes any
of the following or an agent acting on behalf of any of the
following: a municipal police department, county sheriff's
office, any prosecuting authority, the Department of State
Police, or any other State, university, county, federal, or
municipal police unit or police force.
"Biological material" includes, but is not limited to, any
blood, hair, saliva, or semen from which genetic marker
groupings may be obtained.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)