Bill Text: IL SB2995 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Code of Criminal Procedure of 1963. Permits inclusion in a defendant's prima facie case for forensic DNA testing of evidence that was not subject to testing at the time of his or her trial or guilty plea that identity was an issue in the investigation that resulted in his or her conviction, even if he or she confessed or admitted to the crime. Provides that upon receipt of a motion for post-conviction DNA testing, the court shall order the State to prepare an inventory of the evidence related to the case and issue a copy of the inventory to the prosecution, the petitioner, and the court. Provides that when a motion is filed to vacate based on favorable post-conviction DNA testing results, the State may, upon request, reactivate victim services for the victim of the crime during the pendency of the proceedings, and, as determined by the court after consultation with the victim or victim advocate, or both, following final adjudication of the case. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0948 [SB2995 Detail]
Download: Illinois-2013-SB2995-Chaptered.html
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| Public Act 098-0948 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 116-3 as follows:
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(725 ILCS 5/116-3)
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Sec. 116-3. Motion for fingerprint, Integrated Ballistic | ||||
Identification System, or forensic testing not available at
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trial or guilty plea regarding
actual innocence.
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(a) A defendant may make a motion before the trial court | ||||
that entered the
judgment of conviction in his or her case for | ||||
the performance of fingerprint, Integrated Ballistic | ||||
Identification System, or
forensic DNA testing, including | ||||
comparison analysis of genetic marker
groupings of the evidence | ||||
collected by criminal justice agencies pursuant to
the alleged | ||||
offense, to those of the defendant, to those of other forensic
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evidence, and to those maintained
under subsection (f) of | ||||
Section 5-4-3 of the Unified Code of Corrections,
on evidence | ||||
that was secured in relation
to the trial or guilty plea which | ||||
resulted in his or her conviction, and:
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(1) was not subject
to the testing which is now | ||||
requested at the time of trial; or
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(2) although previously subjected to testing, can be | ||||
subjected to additional testing utilizing a method that was | ||
not scientifically available at the time of trial that | ||
provides a reasonable likelihood of more probative | ||
results.
Reasonable notice of the motion shall be served | ||
upon the State.
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(b) The defendant must present a prima facie case that:
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(1) identity was the issue in the trial or guilty plea | ||
which resulted in his or her
conviction; and
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(2) the evidence to be tested has been subject to a | ||
chain of custody
sufficient to establish that it has not | ||
been substituted, tampered with,
replaced, or altered in | ||
any material aspect.
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(c) The trial court shall allow the testing under | ||
reasonable conditions
designed to protect the State's | ||
interests in the integrity of the evidence and
the testing | ||
process upon a determination that:
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(1) the result of the testing has the scientific | ||
potential to produce
new, noncumulative evidence (i) | ||
materially relevant to the defendant's assertion of
actual | ||
innocence when the defendant's conviction was the result of | ||
a trial, even though the results may not completely | ||
exonerate the
defendant, or (ii) that would raise a | ||
reasonable probability that the defendant would have been | ||
acquitted if the results of the evidence to be tested had | ||
been available prior to the defendant's guilty plea and the | ||
petitioner had proceeded to trial instead of pleading | ||
guilty, even though the results may not completely | ||
exonerate the defendant;
and
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(2) the testing requested employs a scientific method | ||
generally accepted
within the relevant scientific | ||
community.
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(d) If evidence previously tested pursuant to this Section | ||
reveals an unknown fingerprint from the crime scene that does | ||
not match the defendant or the victim, the order of the Court | ||
shall direct the prosecuting authority to request the Illinois | ||
State Police Bureau of Forensic Science to submit the unknown | ||
fingerprint evidence into the FBI's Integrated Automated | ||
Fingerprint Identification System (AIFIS) for identification.
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(e) In the court's order to allow testing, the court shall | ||
order the investigating authority to prepare an inventory of
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the evidence related to the case and issue a copy of the
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inventory to the prosecution, the petitioner, and the court. | ||
(f) When a motion is filed to vacate based on favorable
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post-conviction testing results, the State may, upon
request, | ||
reactivate victim services for the victim of the
crime
during | ||
the pendency of the proceedings, and, as determined by
the | ||
court after consultation with the victim or victim
advocate, or | ||
both, following final adjudication of the case. | ||
(Source: P.A. 95-688, eff. 10-23-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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