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720 ILCS 5/33-5 – Violation Of Custody (Violation Of Chain Of Custody By An Officer) (Preservation Of Evidence)

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Posted by Christopher Combs on April 21, 2026

720 ILCS 5/33-5 – Violation Of Custody (Violation Of Chain Of Custody By An Officer) (Preservation Of Evidence)

This law says police or their agents can’t purposely break the rules about how evidence is kept safe.

This Illinois law makes it a crime for any police officer or law enforcement agency to purposely not follow the proper rules for handling or keeping evidence. If they do, it’s considered a felony crime.

(a) It is against the law for any police department or a person working for them to purposely not follow the rules about how evidence should be stored and handled during a criminal case.

(b) Sentence: Anyone who breaks this law commits a Class 4 felony, which is a serious crime that can lead to prison time.

(c) In this law, “law enforcement agency” means the same as it does in subsection (e) of Section 116-4 of the Code of Criminal
Procedure of 1963
–basically, it refers to police departments and other official law enforcement groups.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.

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