State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0871

HB4593 Enrolled                                LRB9113138RCpk

    AN ACT in relation to evidence.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5. The Criminal Code of 1961 is amended by adding
Section 33-5 as follows:

    (720 ILCS 5/33-5 new)
    Sec. 33-5.  Chain of custody.
    (a)  It  is unlawful for a State's Attorney, an Assistant
State's Attorney, or other employee  of  the  Office  of  the
State's  Attorney or for a peace officer or other employee of
a law enforcement agency to intentionally fail to comply with
the provisions of subsection (a) of Section 116-4 of the Code
of Criminal Procedure of 1963.
    (b)  Sentence.  A person who  violates  this  Section  is
guilty of a Class 4 felony.
    (c)   For  purposes  of  this  Section,  "law enforcement
agency" has the meaning ascribed to it in  clause  (a)(4)  of
Section 107-4 of the Code of Criminal Procedure of 1963.

    Section  10.  The  Code  of Criminal Procedure of 1963 is
amended by adding Section 116-4 as follows:

    (725 ILCS 5/116-4 new)
    Sec. 116-4. Chain of custody.
    (a)  In a prosecution for a violation of  Section  12-13,
12-14,  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961
or in a prosecution for an offense defined in  Article  9  of
that  Code,  the  law  enforcement  agency  and  the  State's
Attorney's  Office  shall  preserve,  subject to a continuous
chain of custody, any physical evidence secured  in  relation
to  a  trial  and sufficient official documentation to locate
that evidence.
    (b)  After a trial resulting in a judgment of  conviction
the  evidence shall either be impounded with the Clerk of the
Circuit  Court  or  shall  be  securely  retained  by  a  law
enforcement agency. Retention shall be:
         (1)   Permanent  following  any  conviction  for  an
    offense defined in Article 9 of the  Criminal    Code  of
    1961.
         (2)   For  25  years  following any conviction for a
    violation of Section 12-13,  12-14,  12-14.1,  12-15,  or
    12-16 of the Criminal Code of 1961.
         (3)   For  7  years following any conviction for any
    other felony for which the  defendant's  genetic  profile
    may  be  taken  by a law enforcement agency and submitted
    for comparison in a forensic DNA  database  for  unsolved
    offenses.
    (c)   After  a  judgment  of  conviction  is entered, the
State's Attorney or law enforcement agency having custody  of
evidence  described  in subsection (a) may petition the court
with notice to the defendant for entry of an  order  allowing
it  to  dispose  of  evidence  if, after a hearing, the court
determines by a preponderance of the evidence that:
         (1)   it  has  no  significant  value  for  forensic
    science analysis and must be  returned  to  its  rightful
    owner; or
         (2)   it  has  no  significant  value  for  forensic
    science  analysis  and  is  of  a size, bulk, or physical
    character not usually retained  by  the  law  enforcement
    agency  and  cannot  practicably  be  retained by the law
    enforcement agency.
    (d)  The court may order the disposition of the  evidence
if   the   defendant  is  allowed  the  opportunity  to  take
reasonable measures to remove or  preserve  portions  of  the
evidence in question for future testing.
    (e)   For  purposes  of  this  Section,  "law enforcement
agency" has the meaning ascribed to it in  clause  (a)(4)  of
Section 107-4 of this Code.