Sen. Don Harmon
Filed: 5/20/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 2897




2 AMENDMENT NO. ______. Amend House Bill 2897, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


5 "Section 1. Short title. This Act may be cited as the Cook 
6County Drug Analysis Field Test Pilot Program Act.

7 Section 5. Legislative findings and intent. 
8 (a) The General Assembly finds that:
9  (1) The Cook County Jail consistently faces 
10 overcrowding issues, with the total persons held in custody 
11 often near or exceeding the jail's capacity limits.
12  (2) The Cook County Jail population includes 
13 defendants held in custody, pending a preliminary 
14 examination to determine whether there is probable cause to 
15 believe that the defendant committed a criminal offense.
16  (3) Each person held in custody at the Cook County Jail 
 
 
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1 costs the taxpayers of Cook County at least an estimated 
2 $143 per day, with even higher costs for those people in 
3 custody who require mental health treatment and services.
4  (4) If a person in custody is awaiting preliminary 
5 examination on an illegal substance offense in Cook County, 
6 the preliminary examination will not commence until the 
7 Cook County State's Attorney has received a drug chemistry 
8 laboratory report from the Department of State Police 
9 Division of Forensic Services indicating that a recovered 
10 substance in fact tested positive as an illegal substance. 
11 This process can take several weeks.
12  (5) Drug analysis field test devices are not currently 
13 utilized by law enforcement agencies in Cook County for 
14 preliminary examinations. If utilized, drug analysis field 
15 test devices may allow the Cook County State's Attorney to 
16 immediately determine whether probable cause exists to 
17 believe that a recovered substance is an illegal drug or 
18 narcotic.
19 (b) It is the intent of the General Assembly to create a 
20pilot program making drug analysis field test devices available 
21for use by law enforcement agencies within Cook County. It is 
22also the intent of the General Assembly to explicitly allow the 
23Cook County State's Attorney to use drug analysis field tests 
24to establish probable cause at a preliminary examination, in 
25lieu of waiting for the Department of State Police drug 
26chemistry reports.

 
 
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1 Section 10. Definitions. For purposes of this Act:
2 "Cannabis" has the meaning ascribed to it in Section 3 of 
3the Cannabis Control Act.
4 "Cocaine" is the same as described in paragraph (4) of 
5subsection (b) of Section 206 of the Illinois Controlled 
6Substances Act.
7 "Heroin" is the same as described in Section 204 of the 
8Illinois Controlled Substances Act.
9 "Pilot Program" means the Cook County Drug Analysis Field 
10Test Pilot Program.

11 Section 15. Establishment of the pilot program. 

12 (a) The Cook County Drug Analysis Field Test Pilot Program 
13is hereby authorized. The Pilot Program shall assess whether 
14the use of field tests in Cook County will:
15  (1) reduce the number of days a person would otherwise 
16 remain in custody awaiting drug chemistry reports;
17  (2) result in expedited preliminary examinations for 
18 cannabis, cocaine, or heroin offenses; and
19  (3) reduce the overall Cook County Jail population at a 
20 substantial cost savings to Cook County taxpayers.
21 (b) Within 30 days after the effective date of this Act, 
22the Superintendent of Police for the City of Chicago shall 
23create a pilot program that allows officers to use drug 
24analysis field test devices for use in both Branch 38 and 
 
 
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1Branch 50 of the Circuit Court of Cook County to determine 
2whether a recovered substance is illegal cannabis, cocaine, or 
3heroin. The Superintendent shall provide field test training 
4and inventory procedures consistent with this purpose.
5 (c) But for good cause shown, the results of each field 
6test performed under this Pilot Program shall be documented and 
7offered by the Cook County State's Attorney as evidence to 
8determine probable cause at a preliminary examination.
9 (d) For purposes of the preliminary examination only, the 
10field test results shall be used in lieu of drug chemistry 
11laboratory reports from the Department of State Police Division 
12of Forensic Services. Where field test results indicate a 
13recovered substance has tested positive for the presence of 
14cannabis, cocaine, or heroin, the Cook County State's Attorney 
15shall proceed to a preliminary examination as soon as 
16practicable, regardless as to whether drug chemistry 
17laboratory reports are available.
18 (e) For purposes of determining probable cause at a 
19preliminary examination under Section 109-3 of the Code of 
20Criminal Procedure of 1963 and in accordance with this Pilot 
21Program:
22  (1) Evidence of results of a properly performed drug 
23 analysis field test is admissible in a preliminary 
24 examination solely to establish that the substance tested 
25 is cannabis, cocaine, or heroin.

26  (2) Evidence of results of a properly performed drug 
 
 
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1 analysis field test is sufficient to establish that the 
2 substance tested is cannabis, cocaine, or heroin for the 
3 purposes of a preliminary examination.


4 Section 20. Data collection. The Superintendent of Police 
5for the City of Chicago shall notify the Director of the Cook 
6County Department of Corrections each time a defendant is 
7entered into custody subject to a drug analysis field test. The 
8Superintendent, Cook County State's Attorney, and Director of 
9the Cook County Department of Corrections shall tally the 
10number of days each defendant remains in custody as part of the 
11Pilot Program from arrest until preliminary examination and 
12report this information to the Pilot Program Study Committee. 

13 Section 25. Duration.  The Pilot Program shall operate one 
14year from the later of September 1, 2014 or 30 days after the 
15effective date of this Act.

16 Section 30. Pilot Program Study Committee. 
17 (a) The Superintendent of Police for the City of Chicago, 
18Cook County State's Attorney, the head of the Division of 
19Forensic Services of the Department of State Police, Executive 
20Director of the Cook County Justice Advisory Council, and 
21Director of the Cook County Department of Corrections shall 
22each appoint one member to the Pilot Program Study Committee no 
23later than 30 days after the effective date of this Act. The 
 
 
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1Cook County Board President shall appoint one member of a 
2community based organization to the Pilot Program Study 
3Committee no later than 30 days after the effective date of 
4this Act.
5 (b) The Committee may seek research or staff support of 
6advocacy and policy groups to assist in the evaluation of the 
7Pilot Program.
8 (c) The Pilot Program Study Committee shall submit 
9preliminary reports to the General Assembly on a quarterly 
10basis. The reports shall include:
11  (1) the number of persons entered into custody subject 
12 to a drug analysis field test;
13  (2) the number of persons released from custody at any 
14 point before a preliminary examination subject to a drug 
15 analysis field test;
16  (3) the number of days each defendant remains in 
17 custody from arrest until preliminary examination; and
18  (4) any other information the Study Committee deems 
19 relevant.
20 The preliminary reports shall be submitted to the General 
21Assembly on: December 31, 2014; March 31, 2015; and June 30, 
222015.

23 (d) Upon conclusion of the Pilot Program, the Pilot Program 
24Study Committee shall issue a final report to the General 
25Assembly, evaluating and analyzing the following to the fullest 
26extent possible, but subject to available resources:
 
 
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1  (1) the length of custody in the Cook County Jail for a 
2 cannabis, cocaine, or heroin offender under the Cook County 
3 Drug Analysis Field Test Pilot Program, as compared to a 
4 similarly situated drug or narcotics offender not under the 
5 Cook County Drug Analysis Field Test Pilot Program;
6  (2) the economic impact of using drug analysis field 
7 tests in lieu of drug chemistry laboratory reports for 
8 preliminary examinations;
9  (3) the impact on the Cook County Jail population as a 
10 result of using drug analysis field tests, and the 
11 estimated jail population impact if drug analysis field 
12 tests were expanded for use in all drug-related preliminary 
13 examinations; and
14  (4) the proposed findings and recommendations on the 
15 use and efficacy of drug analysis field tests in Cook 
16 County.

17 (e) The Committee shall hold regularly scheduled meetings 
18and make minutes publicly accessible.
19 (f) The final report shall be submitted to the General 
20Assembly on or before the later of November 1, 2015 or 60 days 
21after the conclusion of the Pilot Program. 
22 (g) If the final report is not submitted to the General 
23Assembly by the date designated in subsection (f) of this 
24Section, the amount of time that a person may be held in 
25custody in Cook County awaiting a preliminary examination, 
26under Section 109-3.1 of the Code of Criminal Procedure, shall 
 
 
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1be reduced from 30 days to 10 days.
2 (h) Upon issuance of the report required under this 
3Section, the Pilot Program Study Committee shall dissolve.


4 Section 35. Appropriations. The General Assembly may 
5appropriate funds to the Chicago Police Department, to be used 
6solely for the purchase of drug analysis field tests and to 
7carry out obligations of the Cook County Drug Analysis Field 
8Test Pilot Program, including, but not limited to, the 
9preparation and submission of reports to the General Assembly.

10 Section 40. Repeal. This Act is repealed on January 1, 
112016.


12 Section 99. Effective date. This Act takes effect upon 
13becoming law".