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| [ Senate Amendment 002 ] |
91_HB2038
LRB9101727RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 115-15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 115-15 as follows:
7 (725 ILCS 5/115-15)
8 Sec. 115-15. Laboratory reports.
9 (a) In any criminal prosecution for a violation of
10 either the Cannabis Control Act or the Illinois Controlled
11 Substances Act, a laboratory report from the Department of
12 State Police, Division of Forensic Services, that is signed
13 and sworn to by the person performing an analysis and that
14 states (1) that the substance that is the basis of the
15 alleged violation has been weighed and analyzed, and (2) the
16 person's findings as to the contents, weight and identity of
17 the substance, and (3) that it contains any amount of a
18 controlled substance or cannabis is prima facie evidence of
19 the contents, identity and weight of the substance. Attached
20 to the report shall be a copy of a notarized statement by the
21 signer of the report giving the name of the signer and
22 stating (i) that he or she is an employee of the Department
23 of State Police, Division of Forensic Services, (ii) the name
24 and location of the laboratory where the analysis was
25 performed, (iii) that performing the analysis is a part of
26 his or her regular duties, and (iv) that the signer is
27 qualified by education, training and experience to perform
28 the analysis. The signer shall also allege that
29 scientifically accepted tests were performed with due caution
30 and that the evidence was handled in accordance with
31 established and accepted procedures while in the custody of
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1 the laboratory.
2 (a-5) In any criminal prosecution for reckless homicide
3 under Section 9-3 of the Criminal Code of 1961 or driving
4 under the influence of alcohol, other drug, or combination of
5 both, in violation of Section 11-501 of the Illinois Vehicle
6 Code or in any civil action held under a statutory summary
7 suspension hearing under Section 2-118.1 of the Illinois
8 Vehicle Code, a laboratory report from the Department of
9 State Police, Division of Forensic Services, that is signed
10 and sworn to by the person performing an analysis and that
11 states:
12 (1) that the sample of blood or urine was tested
13 for alcohol or drugs, and
14 (2) the person's findings as to the analysis as to
15 the presence and amount of alcohol or as to the presence
16 of any amount of drugs and type of drug is prima facie
17 evidence of the analysis of the blood or urine. Attached
18 to the report must be a copy of a notarized statement by
19 the signer of the report giving the name of the signer
20 and stating (i) that he or she is an employee of the
21 Department of State Police, Division of Forensic
22 Services, (ii) the name and location of the laboratory
23 where the analysis was performed, (iii) that performing
24 the analysis is a part of his or her regular duties, and
25 (iv) that the signer is qualified by education, training,
26 and experience to perform the analysis. The signer must
27 also allege that scientifically accepted tests were
28 performed with due caution and that the evidence was
29 handled in accordance with established and accepted
30 procedures while in the custody of the laboratory.
31 (b) The State's Attorney shall serve a copy of the
32 report on the attorney of record for the accused, or on the
33 accused if he or she has no attorney, before any proceeding
34 in which the report is to be used against the accused other
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1 than at a preliminary hearing or grand jury hearing when the
2 report may be used without having been previously served upon
3 the accused.
4 (c) The report shall not be prima facie evidence of the
5 contents, identity, and weight of the substance if the
6 accused or his or her attorney demands the testimony of the
7 person signing the report by serving the demand upon the
8 State's Attorney within 7 days from the accused or his or her
9 attorney's receipt of the report.
10 (Source: P.A. 90-130, eff. 1-1-98.)