Bill Text: IL HB0356 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Cook County Drug Analysis Field Test Pilot Program Act. Creates the Cook County Drug Analysis Field Test Pilot Program. Provides that within 30 days after the effective date of the Act, the Superintendent of Police for the City of Chicago shall create a pilot program that allows officers to use drug analysis field test devices for use in the Circuit Court of Cook County to determine whether a recovered substance is illegal cannabis, cocaine, or heroin. Provides that the Superintendent shall provide field test training and inventory procedures consistent with this purpose. Provides that the Superintendent of Police for the City of Chicago shall notify the Director of the Cook County Department of Corrections each time a defendant is entered into custody subject to a drug analysis field test. Provides that the Superintendent, Cook County State's Attorney, and Director of the Cook County Department of Corrections shall tally the number of days each defendant remains in custody as part of the Pilot Program from arrest until preliminary examination and report this information to the Pilot Program Study Committee. Provides that the Pilot Program shall operate one year from the later of September 1, 2015 or 30 days after the effective date of the Act. Provides that the Act is repealed on January 1, 2017. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2015-08-21 - Public Act . . . . . . . . . 99-0425 [HB0356 Detail]

Download: Illinois-2015-HB0356-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Cook
County Drug Analysis Field Test Pilot Program Act.
Section 5. Legislative findings and intent.
(a) The General Assembly finds that:
(1) The Cook County Jail consistently faces
overcrowding issues, with the number of persons held in
custody often near or exceeding the jail's capacity limits.
(2) The Cook County Jail population includes
defendants held in custody, pending a preliminary
examination to determine whether there is probable cause to
believe that the defendant committed a criminal offense.
(3) Each person held in custody at the Cook County Jail
costs the taxpayers of Cook County at least an estimated
$143 per day, with even higher costs for those people in
custody who require mental health treatment and services.
(4) If a person in custody is awaiting preliminary
examination on an illegal substance offense in Cook County,
the preliminary examination will not commence until the
Cook County State's Attorney has received a drug chemistry
laboratory report from the Department of State Police

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Division of Forensic Services indicating that a recovered
substance in fact tested positive as an illegal substance.
This process can take several weeks.
(5) Drug analysis field test devices are not currently
utilized by law enforcement agencies in Cook County for
preliminary examinations. If utilized, drug analysis field
test devices may allow the Cook County State's Attorney to
immediately determine whether probable cause exists to
believe that a recovered substance is an illegal drug or
narcotic.
(b) It is the intent of the General Assembly to create a
Pilot Program making drug analysis field test devices available
for use by law enforcement agencies within Cook County. It is
also the intent of the General Assembly to explicitly allow the
Cook County State's Attorney to use drug analysis field tests
to establish probable cause at a preliminary examination, in
lieu of waiting for the Department of State Police drug
chemistry reports.
Section 10. Definitions. For purposes of this Act:
"Cannabis" has the meaning ascribed to it in Section 3 of
the Cannabis Control Act.
"Cocaine" is the same as described in paragraph (4) of
subsection (b) of Section 206 of the Illinois Controlled
Substances Act.
"Heroin" is the same as described in Section 204 of the

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Illinois Controlled Substances Act.
"Pilot Program" means the Cook County Drug Analysis Field
Test Pilot Program.
Section 15. Establishment of the Pilot Program.
(a) The Cook County Drug Analysis Field Test Pilot Program
is hereby authorized. The Pilot Program shall assess whether
the use of field tests in Cook County will:
(1) reduce the number of days a person would otherwise
remain in custody awaiting drug chemistry reports;
(2) result in expedited preliminary examinations for
cannabis, cocaine, or heroin offenses; and
(3) reduce the overall Cook County Jail population at a
substantial cost savings to Cook County taxpayers.
(b) Within 30 days after the effective date of this Act,
the Superintendent of Police for the City of Chicago shall
create a Pilot Program that allows officers to use drug
analysis field test devices for use in the Circuit Court of
Cook County to determine whether a recovered substance is
illegal cannabis, cocaine, or heroin. The Superintendent shall
provide field test training and inventory procedures
consistent with this purpose.
(c) But for good cause shown, the results of each field
test performed under this Pilot Program shall be documented and
offered by the Cook County State's Attorney as evidence to
determine probable cause at a preliminary examination.

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(d) For purposes of the preliminary examination only, the
field test results shall be used in lieu of drug chemistry
laboratory reports from the Department of State Police Division
of Forensic Services. Where field test results indicate a
recovered substance has tested positive for the presence of
cannabis, cocaine, or heroin, the Cook County State's Attorney
shall proceed to a preliminary examination as soon as
practicable, regardless as to whether drug chemistry
laboratory reports are available.
(e) For purposes of determining probable cause at a
preliminary examination under Section 109-3 of the Code of
Criminal Procedure of 1963 and in accordance with this Pilot
Program:
(1) Evidence of results of a properly performed drug
analysis field test is admissible in a preliminary
examination solely to establish that the substance tested
is cannabis, cocaine, or heroin.
(2) Evidence of results of a properly performed drug
analysis field test is sufficient to establish that the
substance tested is cannabis, cocaine, or heroin for the
purposes of a preliminary examination.
Section 20. Data collection. The Superintendent of Police
for the City of Chicago shall notify the Director of the Cook
County Department of Corrections each time a defendant is
entered into custody subject to a drug analysis field test. The

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Superintendent, Cook County State's Attorney, and Director of
the Cook County Department of Corrections shall tally the
number of days each defendant remains in custody as part of the
Pilot Program from arrest until preliminary examination and
report this information to the Pilot Program Study Committee.
Section 25. Duration. The Pilot Program shall operate one
year from the later of September 1, 2015 or 30 days after the
effective date of this Act.
Section 30. Pilot Program Study Committee.
(a) The Mayor of the City of Chicago or his or her
designee, the Superintendent of Police for the City of Chicago,
Cook County State's Attorney, the head of the Division of
Forensic Services of the Department of State Police, Executive
Director of the Cook County Justice Advisory Council, and
Director of the Cook County Department of Corrections shall
each appoint one member to the Pilot Program Study Committee no
later than 30 days after the effective date of this Act. The
Cook County Board President shall appoint one member of a
community based organization to the Pilot Program Study
Committee no later than 30 days after the effective date of
this Act.
(b) The Committee may seek research or staff support of
advocacy and policy groups to assist in the evaluation of the
Pilot Program.

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(c) The Pilot Program Study Committee shall submit
preliminary reports to the General Assembly on a quarterly
basis. The reports shall include:
(1) the number of persons entered into custody subject
to a drug analysis field test;
(2) the number of persons released from custody at any
point before a preliminary examination subject to a drug
analysis field test;
(3) the number of days each defendant remains in
custody from arrest until preliminary examination; and
(4) any other information the Study Committee deems
relevant.
The preliminary reports shall be submitted to the General
Assembly on: December 31, 2015; March 31, 2016; and June 30,
2016.
(d) Upon conclusion of the Pilot Program, the Pilot Program
Study Committee shall issue a final report to the General
Assembly, evaluating and analyzing the following to the fullest
extent possible, but subject to available resources:
(1) the length of custody in the Cook County Jail for a
cannabis, cocaine, or heroin offender under the Cook County
Drug Analysis Field Test Pilot Program, as compared to a
similarly situated drug or narcotics offender not under the
Cook County Drug Analysis Field Test Pilot Program;
(2) the economic impact of using drug analysis field
tests in lieu of drug chemistry laboratory reports for

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preliminary examinations;
(3) the impact on the Cook County Jail population as a
result of using drug analysis field tests, and the
estimated jail population impact if drug analysis field
tests were expanded for use in all drug-related preliminary
examinations; and
(4) the proposed findings and recommendations on the
use and efficacy of drug analysis field tests in Cook
County.
(e) The Committee shall hold regularly scheduled meetings
and make minutes publicly accessible.
(f) The final report shall be submitted to the General
Assembly on or before the later of November 1, 2016 or 60 days
after the conclusion of the Pilot Program.
(g) Upon issuance of the report required under this
Section, the Pilot Program Study Committee shall dissolve.
Section 35. Repeal. This Act is repealed on January 1,
2017.
Section 99. Effective date. This Act takes effect upon
becoming law.