Bill Text: IL HB4031 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding Illinois Supreme Court Rules, in a criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. Provides that a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography, so long as the prosecution makes the property or material reasonably available to the defendant. Provides that property or material shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for inspection, viewing, and examination at a government facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-04-24 - Referred to Rules Committee [HB4031 Detail]

Download: Illinois-2017-HB4031-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4031

Introduced , by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:
725 ILCS 5/114-13 from Ch. 38, par. 114-13

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding Illinois Supreme Court Rules, in a criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. Provides that a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography, so long as the prosecution makes the property or material reasonably available to the defendant. Provides that property or material shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for inspection, viewing, and examination at a government facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.
LRB100 12244 SLF 24759 b

A BILL FOR

HB4031LRB100 12244 SLF 24759 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 114-13 as follows:
6 (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
7 Sec. 114-13. Discovery in criminal cases.
8 (a) Except as provided in paragraphs (1) and (2) of this
9subsection (a), discovery Discovery procedures in criminal
10cases shall be in accordance with Supreme Court Rules.
11 (1) In a criminal proceeding, any property or material
12 that constitutes child pornography (as defined in Section
13 11-20.1 of the Criminal Code of 2012) shall remain in the
14 care, custody, and control of either the State or the
15 court.
16 (2) Notwithstanding Illinois Supreme Court Rule 412, a
17 court shall deny, in any criminal proceeding, any request
18 by the defendant to copy, photograph, duplicate, or
19 otherwise reproduce any property or material that
20 constitutes child pornography (as defined in Section
21 11-20.1 of the Criminal Code of 2012), so long as the
22 prosecution makes the property or material reasonably
23 available to the defendant. For the purposes of this

HB4031- 2 -LRB100 12244 SLF 24759 b
1 paragraph (2), property or material shall be deemed to be
2 reasonably available to the defendant if the prosecution
3 provides ample opportunity for inspection, viewing, and
4 examination at a government facility of the property or
5 material by the defendant, his or her attorney, and any
6 individual the defendant may seek to qualify to furnish
7 expert testimony at trial.
8 (b) Any public investigative, law enforcement, or other
9public agency responsible for investigating any homicide
10offense or participating in an investigation of any homicide
11offense, other than defense investigators, shall provide to the
12authority prosecuting the offense all investigative material,
13including but not limited to reports, memoranda, and field
14notes, that have been generated by or have come into the
15possession of the investigating agency concerning the homicide
16offense being investigated. In addition, the investigating
17agency shall provide to the prosecuting authority any material
18or information, including but not limited to reports,
19memoranda, and field notes, within its possession or control
20that would tend to negate the guilt of the accused of the
21offense charged or reduce his or her punishment for the
22homicide offense. Every investigative and law enforcement
23agency in this State shall adopt policies to ensure compliance
24with these standards. Any investigative, law enforcement, or
25other public agency responsible for investigating any
26"non-homicide felony" offense or participating in an

HB4031- 3 -LRB100 12244 SLF 24759 b
1investigation of any "non-homicide felony" offense, other than
2defense investigators, shall provide to the authority
3prosecuting the offense all investigative material, including
4but not limited to reports and memoranda that have been
5generated by or have come into the possession of the
6investigating agency concerning the "non-homicide felony"
7offense being investigated. In addition, the investigating
8agency shall provide to the prosecuting authority any material
9or information, including but not limited to reports and
10memoranda, within its possession or control that would tend to
11negate the guilt of the accused of the "non-homicide felony"
12offense charged or reduce his or her punishment for the
13"non-homicide felony" offense. This obligation to furnish
14exculpatory evidence exists whether the information was
15recorded or documented in any form. Every investigative and law
16enforcement agency in this State shall adopt policies to ensure
17compliance with these standards.
18(Source: P.A. 93-605, eff. 11-19-03.)
feedback