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[ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
[ Senate Amendment 002 ] |
91_HB2038eng HB2038 Engrossed 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 HB2038 Engrossed -2- LRB9101727RCks 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 HB2038 Engrossed -3- LRB9101727RCks 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.)