What is the classification and statutory penalty for 720 ILCS 5/33-5 in Illinois?

720 ILCS 5/33-5 (Violation of chain of custody) is classified as a Class A Misdemeanor in Illinois. Statutory sentencing scope: Up to 364 days county jail · Fine up to $2,500.

720 ILCS 5/33-5 · Violation of chain of custody

Q: What Secretary of State driver's license sanctions apply to 720 ILCS 5/33-5?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

720 ILCS 5/33-5

Sec. 33-5. Preservation of evidence.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor

Court Appearance Pre-set Bond / Release on Notice

SAFE-T Act Detention Release Eligible (Conditions Apply)

SOS Reporting Code None Assigned

Offense Description	Class	Court Mandate	SAFE-T Act	Reporting Code
Violation of chain of custody	Class A Misdemeanor	Release on Notice	Release Eligible	—

Offense Description

Class

Court Mandate

SAFE-T Act

Reporting Code

Violation of chain of custody

Class A Misdemeanor

Release on Notice

Release Eligible

—

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 33-5. Preservation of evidence.

(a)

(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)

(b) Sentence. A person who violates this Section is guilty of a Class 4 felony.

(c)

(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.)

Associated Offense Codes & Classifications (1)

Illinois General Assembly Statutory Text (Verbatim)

Sec. 33-5. Preservation of evidence.

Companion & Related Statutory Provisions