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91_SB1122
SDS/910014/JDdo
1 AN ACT to amend the Code of Criminal Procedure 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 is amended by
6 changing Section 115-15 as follows:
7 (725 ILCS 5/115-15)
8 Sec. 115-15. State Police 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
-2- SDS/910014/JDdo
1 the laboratory.
2 (b) The State's Attorney shall serve a copy of the
3 report on the attorney of record for the accused, or on the
4 accused if he or she has no attorney, before any proceeding
5 in which the report is to be used against the accused other
6 than at a preliminary hearing or grand jury hearing when the
7 report may be used without having been previously served upon
8 the accused.
9 (c) The report shall not be prima facie evidence of the
10 contents, identity, and weight of the substance if the
11 accused or his or her attorney demands the testimony of the
12 person signing the report by serving the demand upon the
13 State's Attorney within 7 days from the accused or his or her
14 attorney's receipt of the report.
15 (Source: P.A. 90-130, eff. 1-1-98.)