State of Illinois
91st General Assembly
Legislation

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91_HB2038enr

 
HB2038 Enrolled                                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 Enrolled            -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 that the sample of  blood  or  urine  was  tested  for
12    alcohol  or  drugs,  and contains the person's findings as to
13    the presence and amount of alcohol or drugs and type of  drug
14    is  prima facie evidence of the presence, content, and amount
15    of the alcohol or drugs  analyzed  in  the  blood  or  urine.
16    Attached  to  the  report  must  be  a  copy  of  a notarized
17    statement by the signer of the report giving the name of  the
18    signer  and  stating (1) that he or she is an employee of the
19    Department of State Police, Division  of  Forensic  Services,
20    (2)  the  name  and  location  of  the  laboratory  where the
21    analysis was performed, (3) that performing the analysis is a
22    part of his or her regular duties, (4)  that  the  signer  is
23    qualified  by  education, training, and experience to perform
24    the analysis, and (5) that scientifically accepted tests were
25    performed with due caution and that the evidence was  handled
26    in  accordance with established and accepted procedures while
27    in the custody of the laboratory.
28        (b)  The State's Attorney  shall  serve  a  copy  of  the
29    report  on  the attorney of record for the accused, or on the
30    accused if he or she has no attorney, before  any  proceeding
31    in  which  the report is to be used against the accused other
32    than at a preliminary hearing or grand jury hearing when  the
33    report may be used without having been previously served upon
34    the accused.
 
HB2038 Enrolled            -3-                 LRB9101727RCks
 1        (c)  The  report shall not be prima facie evidence of the
 2    contents, identity,  and  weight  of  the  substance  if  the
 3    accused  or  his or her attorney demands the testimony of the
 4    person signing the report by  serving  the  demand  upon  the
 5    State's Attorney within 7 days from the accused or his or her
 6    attorney's receipt of the report.
 7    (Source: P.A. 90-130, eff. 1-1-98.)

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