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Illinois Compiled Statutes

720 ILCS 5/33-5 (2026)

Preservation of evidence

✓ current as of May 2026
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(720 ILCS 5/33-5)
    Sec. 33-5. Preservation of evidence.
    (a) It is unlawful for a law enforcement agency or an agent acting on behalf of the 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 subsection (e) of Section 116-4 of the Code of Criminal Procedure of 1963.
(Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2022 · leading case: People v. Grant, 2022 IL 126824 (Ill. 2022).
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People v. Grant, 2022 IL 126824 (Ill. 2022). · cites it 5× “The majority looks beyond the plain language of section 116-4 and finds that a consequence for violation of its terms is set forth in section 33-5 of the Criminal Code of 2012 (Criminal Code) (720 ILCS 5/33-5 (West 2012)).”
People v. Grant, 2020 IL App (3d) 160758 (Ill. App. Ct. 2020). · cites it 2× “720 ILCS 5/33-5(a), (b) (West 2006); 730 ILCS 5/5-8-1(a)(7) (West 2006).”
— 720 ILCS 5/33-5(a) — 2 cases
People v. Grant, 2022 IL 126824 (Ill. 2022). “The majority looks beyond the plain language of section 116-4 and finds that a consequence for violation of its terms is set forth in section 33-5 of the Criminal Code of 2012 (Criminal Code) (720 ILCS 5/33-5 (West 2012)).”
People v. Grant, 2020 IL App (3d) 160758 (Ill. App. Ct. 2020). “720 ILCS 5/33-5(a), (b) (West 2006); 730 ILCS 5/5-8-1(a)(7) (West 2006).”
— 720 ILCS 5/33-5(b) — 1 case
People v. Grant, 2022 IL 126824 (Ill. 2022). “The majority looks beyond the plain language of section 116-4 and finds that a consequence for violation of its terms is set forth in section 33-5 of the Criminal Code of 2012 (Criminal Code) (720 ILCS 5/33-5 (West 2012)).”
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