Public Act 095-0993
 		





SB2340 Re-Enrolled
LRB095 19681 RLC 46032 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 Illinois Controlled Substances Act is 
amended  by adding Section 510 as follows:
 
    (720 ILCS 570/510  new)
    Sec. 510. Preservation of evidence for laboratory testing.
    (a) Before or after the trial in a prosecution for a 
violation of any Section of Article IV of this Act, a law 
enforcement agency or an agent acting on behalf of the law 
enforcement agency must preserve, subject to a continuous chain 
of custody, not less than:
        (1) 2 kilograms of any substance containing a 
    detectable amount of heroin;
        (2) 10 kilograms of any substance containing a 
    detectable amount of:
(A) coca leaves, except coca leaves 
    and extract of coca leaves from which cocaine, ecgonine, 
    and derivatives of ecgonine or their salts have been 
    removed;
(B) cocaine, its salts, optical and geometric 
    isomers, and salts of isomers;
(C) ecgonine, its 
    derivatives, their salts, isomers, and salts of isomers; or

    (D) any combination of the substances described in 
    subdivisions (A) through (C) of this paragraph (a)(2);
        (3) 10 kilograms of a mixture of substances described 
    in subdivision (B) of paragraph (a)(2) that contains a 
    cocaine base;
        (4) 200 grams of phencyclidine (also referred to as 
    "PCP") or 2 kilograms of any substance containing a 
    detectable amount of phencyclidine;
        (5) 20 grams of any substance containing a detectable 
    amount of lysergic acid diethylamide (also referred to as 
    "LSD");
        (6) 800 grams of a mixture or substance containing a 
    detectable amount of fentanyl, or 2 grams of any substance 
    containing a detectable amount of any analog of fentanyl;

with respect to the offenses enumerated in this subsection (a) 
and must maintain sufficient documentation to locate that 
evidence. Excess quantities with respect to the offenses 
enumerated in this subsection (a) cannot practicably be 
retained by a law enforcement agency because of its size, bulk, 
and physical character.
    (b) The sheriff or seizing law enforcement agency must file 
a motion requesting destruction of bulk evidence before the 
trial judge in the courtroom where the criminal charge is 
pending. The sheriff or seizing law enforcement agency must 
give notice of the motion requesting destruction of bulk 
evidence to the prosecutor of the criminal charge and the 
defense attorney of record. The trial judge will conduct an 
evidentiary hearing in which all parties will be given the 
opportunity to present evidence and arguments relating to 
whether the evidence should be destroyed, whether such 
destruction will prejudice the prosecution of the criminal 
case, and whether the destruction of the evidence will 
prejudice the defense of the criminal charge. The court's 
determination whether to grant the motion for destruction of 
bulk evidence must be based upon the totality of all of the 
circumstances of the case presented at the evidentiary hearing, 
the effect such destruction would have upon the defendant's 
constitutional rights, and the prosecutor's ability to proceed 
with the prosecution of the criminal charge. 
    (c) The court may, before trial, transfer excess quantities 
of any substance containing any of the controlled substances 
enumerated in subsection (a) with respect to a prosecution for 
any offense enumerated in subsection (a) to the sheriff of the 
county, or may, in its discretion, transfer such evidence to 
the Department of State Police, for destruction after notice is 
given to the defendant's attorney of record or to the defendant 
if the defendant is proceeding pro se.
    (d) After a judgment of conviction is entered and the 
charged quantity is no longer needed for evidentiary purposes 
with respect to a prosecution for any offense enumerated in 
subsection (a), the court may transfer any substance containing 
any of the controlled substances enumerated in subsection (a) 
to the sheriff of the county, or may, in its discretion, 
transfer such evidence to the Department of State Police, for 
destruction after notice is given to the defendant's attorney 
of record or to the defendant if the defendant is proceeding 
pro se. No evidence shall be disposed of until 30 days after 
the judgment 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. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.