SB 2340

Abstract

Amends the Illinois Controlled Substances Act. Provides that in a prosecution for a violation relating to the unlawful manufacture, delivery, possession, or possession with intent to manufacture or deliver a controlled substance, other than methamphetamine, or a counterfeit substance, controlled substance analog, or look-alike substance, a law enforcement agency or an agent acting on behalf of the law enforcement agency must preserve, subject to a continuous chain of custody, specified amounts of controlled substances and must maintain sufficient documentation to locate that evidence. Provides that the court may, before trial, transfer excess quantities of any substance containing any of the controlled substances to the sheriff of the county, or may in its discretion transfer such evidence to the Department of State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se. Provides that after a judgment of conviction is entered and the charged quantity is no longer needed for evidentiary purposes with respect to a prosecution for the offense, the court may transfer any substance containing any of the controlled substances to the sheriff of the county, or may, in its discretion, transfer such evidence to the Department of State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se. Provides that no evidence shall be disposed of until 30 days after the judgment 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. Effective immediately.