Illinois 93rd Regular Session Status: Enacted

SB 946 — CRIM PRO-EVIDENCE-TECH

Last action — Public Act . . . . . . . . . 93-0592

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2003. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Code of Criminal Procedure of 1963. Makes a technical change in the Section relating to preservation of physical evidence by law enforcement agencies and State's Attorney's offices.

Bill Text

What changed in the latest version

18 added · 87 removed

Plain-language change summary

The recently amended bill SB 946 now includes a provision ensuring that peace officers must be informed in writing about their rights before being interrogated, specifically about the use of any statements they make and their right to have legal counsel present. This change strengthens protections for officers during interrogations, acknowledging their right to legal support and clarifying the implications of their statements. These updates are significant because they promote fair treatment and accountability within law enforcement practices, potentially affecting how investigations are conducted in the future.

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SB946 Engrossed LRB093 02913 RLC 02929 b AN ACT in relation to criminal law.
SB946 Enrolled LRB093 02913 RLC 02929 b AN ACT concerning peace officers.
The Code of Criminal Procedure of 1963 is amended by changing Section 116-4 as follows:
The Uniform Peace Officers' Disciplinary Act is amended by changing Section 3.8 as follows:
(725 ILCS 5/116-4) Sec.
(50 ILCS 725/3.8) (from Ch.
116-4.
85, par.
Preservation of evidence for forensic testing.
2561) Sec.
(a) Before or after the trial 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, or in a prosecution for an attempt in violation of Section 8-4 of that Code of any of the above-enumerated offenses, unless otherwise provided herein under subsection (b) or (c), a law enforcement agency or an agent acting on behalf of the law enforcement agency ____ ----- preserve, subject to a continuous chain of custody, any physical evidence in their possession or control that is reasonably likely to contain forensic evidence, including, but not limited to, fingerprints or biological material secured in relation to a trial and with sufficient documentation to locate that evidence.
3.8.
(b) After a judgment of conviction is entered, the evidence shall either be impounded with the Clerk of the Circuit Court or shall be securely retained by a law enforcement agency.
____________c_____________________p_______ _a__ No officer shall be interrogated without first being advised in writing that admissions made in the course of the interrogation may be used as evidence of misconduct or as the basis for charges seeking suspension, removal, or discharge;
Retention shall be permanent in cases where a sentence of death is imposed.
and without first being advised in writing that he or she has the right to counsel of his or her choosing who may be present to advise him or her at any stage of any interrogation.
Retention shall be until the completion of the sentence, including the period of mandatory supervised release for the offense, or January 1, 2006, whichever is later, for any conviction for an offense SB946 Engrossed -2- LRB093 02913 RLC 02929 b or an attempt of an offense defined in Article 9 of the Criminal Code of 1961 or in Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or 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.
_b_______________________c____________________a_____________ _____e_____________________c______________________b_____________ _____a_____ (Source:
(c) After a judgment of conviction is entered, the law enforcement agency required to retain evidence described in subsection (a) may petition the court with notice to the defendant or, in cases where the defendant has died, his estate, his attorney of record, or an attorney appointed for that purpose by the court 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 should be returned to its rightful owner, destroyed, used for training purposes, or as otherwise provided by law;
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;
or (3) there no longer exists a reasonable basis to require the preservation of the evidence because of the death of the defendant;
however, this paragraph (3) does not apply if a sentence of death was imposed.
(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.
(d-5) Any order allowing the disposition of evidence pursuant to subsection (c) or (d) shall be a final and SB946 Engrossed -3- LRB093 02913 RLC 02929 b appealable order.
No evidence shall be disposed of until 30 days after the order is entered, and if a notice of appeal is filed, no evidence shall be disposed of until the mandate has been received by the circuit court from the appellate court.
(d-10) All records documenting the possession, control, storage, and destruction of evidence and all police reports, evidence control or inventory records, and other reports cited in this Section, including computer records, must be retained for as long as the evidence exists and may not be disposed of without the approval of the Local Records Commission.
(e) In this Section, "law enforcement agency" includes any of the following or an agent acting on behalf of any of the following:
a municipal police department, county sheriff's office, any prosecuting authority, the Department of State Police, or any other State, university, county, federal, or municipal police unit or police force.
"Biological material" includes, but is not limited to, any blood, hair, saliva, or semen from which genetic marker groupings may be obtained.
(Source:
91-871, eff.
83-981.)
1-1-01;
92-459, eff.
8-22-01.)
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Action History

  1. Public Act . . . . . . . . . 93-0592

  2. Effective Date January 1, 2004

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 058-000-000

  7. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Judiciary; 010-000-000

  8. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary

  9. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01 - May 16, 2003

  12. Secretary's Desk - Concurrence House Amendment(s) 01

  13. Third Reading - Short Debate - Passed 117-000-000

  14. Added Alternate Chief Co-Sponsor Rep. Richard T. Bradley

  15. Added Alternate Chief Co-Sponsor Rep. Edward J. Acevedo

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. Second Reading - Short Debate

  18. Added Alternate Chief Co-Sponsor Rep. Monique D. Davis

  19. Committee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003

  20. Placed on Calendar 2nd Reading - Short Debate

  21. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 012-000-000

  22. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  23. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  24. Re-assigned to Judiciary II - Criminal Law Committee

  25. Alternate Chief Sponsor Changed to Rep. James D. Brosnahan

  26. Assigned to Executive Committee

  27. Referred to Rules Committee

  28. First Reading

  29. Chief House Sponsor Rep. Michael J. Madigan

  30. Placed on Calendar Order of First Reading

  31. Arrived in House

  32. Third Reading - Passed; 032-016-002

  33. Verified

  34. Placed on Calendar Order of 3rd Reading ** March 19, 2003

  35. Second Reading

  36. Placed on Calendar Order of 2nd Reading March 18, 2003

  37. Do Pass Executive; 008-005-000

  38. Assigned to Executive

  39. Referred to Rules

  40. First Reading

  41. Chief Co-Sponsor Sen. Emil Jones, Jr.

  42. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 50001
Democrat 7000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Shadid — Yea
Sieben — Yea
Maloney — Yea
Althoff — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Munoz — Yea
Obama — Yea
Radogno — Yea
Sullivan, D. — Yea
Schoenberg — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Silverstein — Yea
Soden — Yea
Jacobs — Yea
Jones, J. — Yea
Trotter — Yea
Jones, W. — Yea
Watson — Yea
Cullerton — Yea
Viverito — Yea
Demuzio — Yea
Clayborne — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Haine — Yea
Hendon — Yea
Winkel — Yea
Wojcik — Yea
Woolard — Yea
Martinez — Yea
Meeks — Yea
Garrett — Yea
Geo-Karis — Yea
Peterson — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Not Voting
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 105001
Democrat 9000
Republican 3000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
McAuliffe — Yea
Mulligan — Yea
Jefferson — Yea
O'Brien — Yea
Pankau — Yea
Leitch — Yea
Lindner — Yea
Parke — Yea
Phelps — Yea
Dunkin — Yea
Dunn — Yea
Mathias — Yea
Lyons, Eileen — Yea
McCarthy — Yea
Bailey — Yea
Lyons, Joseph — Yea
McKeon — Yea
Mendoza — Yea
Reitz — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Molaro — Yea
Morrow — Yea
Scully — Yea
Tenhouse — Yea
Turner — Yea
McGuire — Yea
Verschoore — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Howard — Yea
Capparelli — Yea
Churchill — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Forby — Yea
Franks — Yea
Froehlich — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Krause — Yea
Kurtz — Yea
Lang — Yea
Watson — Yea
Jones — Yea
Madigan — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Munson — Yea
Myers — Yea
Nekritz — Yea
Novak — Yea
Osmond — Yea
Osterman — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Wirsing — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Fritchey — Not Voting
Jakobsson — Yea
Kosel — Yea
Pihos — Yea
Poe — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 32 Yea · 16 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 2515011
Democrat 7000
Republican 0100
Total 3216011
% of votes cast 54%27%0%19%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Maloney — Yea
Althoff — Nay
Martinez — Yea
Bomke — Not Voting
Burzynski — Not Voting
Halvorson — Yea
Hendon — Yea
Obama — Yea
Silverstein — Yea
Munoz — Yea
Trotter — Yea
Viverito — Yea
Jacobs — Yea
Cullerton — Yea
Clayborne — Yea
Crotty — Yea
Haine — Yea
Lauzen — Nay
Demuzio — Yea
Sullivan, J. — Nay
Jones, J. — Nay
Link — Yea
Jones, W. — Nay
Watson — Nay
Luechtefeld — Nay
Petka — Not Voting
Sullivan, D. — Not Voting
Brady — Not Voting
Meeks — Yea
Philip — Nay
Schoenberg — Yea
Shadid — Yea
Sieben — Not Voting
Winkel — Not Voting
Wojcik — Not Voting
Woolard — Yea
Cronin — Nay
DeLeo — Yea
Dillard — Nay
Garrett — Yea
Geo-Karis — Not Voting
Peterson — Not Voting
Radogno — Nay
Rauschenberger — Nay
Righter — Nay
Risinger — Not Voting
Ronen — Yea
Roskam — Nay
Rutherford — Nay
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 946 do?
Amends the Code of Criminal Procedure of 1963. Makes a technical change in the Section relating to preservation of physical evidence by law enforcement agencies and State's Attorney's offices.
Who sponsors SB 946?
SB 946 is sponsored by John J. Cullerton.
What is the current status of SB 946?
This bill has been enacted into law. Introduced February 19, 2003. Enacted.
Where can I track SB 946?
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