SB2081 101ST GENERAL ASSEMBLY

LRB101 10940 SLF 56111 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2081

Introduced 2/15/2019, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

New Act

Amends the Code of Criminal Procedure of 1963. Creates the Forensic Science Act. Provides that a convicted person may file a petition for relief based on relevant forensic scientific evidence that was not available to be offered at the convicted person's trial or entry of judgment, plea of guilty, or plea of nolo contendre or that undermines forensic scientific evidence relied upon by the prosecution at trial. Prescribes what shall be included in a petition for relief under the Act. Provides that, upon reviewing a petition, a court shall grant relief to the petitioner if the court finds that, had the forensic scientific evidence been presented at trial or entry of judgment, plea of guilty, or plea of nolo contendre, there is a reasonable likelihood the petitioner would not have been convicted. Provides that, in making a finding as to whether relevant forensic scientific evidence was not ascertainable through the exercise of reasonable diligence on or before a specific date, the court shall consider whether the relevant forensic scientific evidence has changed since the applicable trial date or dates, or date of entry of judgment, plea of guilty, or plea of nolo contendre, for a determination made with respect to an original application, or the date on which the original application or a previously considered application, as applicable, was filed, for a determination made with respect to a subsequent application. Effective July 1, 2019.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Forensic Science Act.

Section 5. Definitions.

"Forensic science" means the application of scientific or technical practices to the recognition, collection, analysis, and interpretation of evidence for criminal proceedings.

"Forensic scientific evidence" includes: scientific or technical knowledge; a testifying forensic analyst's or expert's scientific or technical knowledge or opinion; reports or testimony offered by experts or forensic analysts; scientific standards; and scientific methods or techniques upon which the relevant forensic scientific evidence is based.

"Scientific knowledge" includes the knowledge of the general scientific community and all fields of scientific knowledge on which those fields or disciplines rely and is not limited to practitioners or proponents of a particular scientific or technical field or discipline.

Section 10. Applicability of basis for relief.

(a) This Act applies to relevant forensic scientific evidence that:

(1) was not available to be offered by a convicted person at the convicted person's trial, entry of judgment, plea of guilty, or plea of nolo contendre; or

(2) undermines forensic scientific evidence relied upon by the prosecution at trial.

(b) A convicted person may file a petition for relief based on relevant forensic scientific evidence described in subsection (a) of this Section. The petition shall contain:

(1) an assertion that the petitioner did not commit the crime for which he was convicted or engage in conduct constituting a lesser included or inchoate offense of the crime for which he or she was convicted, pled guilty, or pled nolo contendre; and

(2) specific facts indicating that relevant forensic scientific evidence is currently available and was not available at the time of the convicted person's trial, entry of judgment, plea of guilty, or plea of nolo contendre because the evidence was not ascertainable through the exercise of reasonable diligence by the convicted person before the date of or during the convicted person's trial or prior to entry of judgment, pea of guilty, or plea of nolo contendre.

(c) The court shall grant relief to the petitioner if the court finds that, had the forensic scientific evidence been presented at trial or prior to entry of judgment, plea of guilty, or nolo plea, there is a reasonable likelihood the petitioner would not have been convicted.

(d) In making a finding as to whether relevant forensic scientific evidence was not ascertainable through the exercise of reasonable diligence on or before a specific date, the court shall consider whether the relevant forensic scientific evidence has changed since: (1) the applicable trial date or dates, or date of entry of judgment, plea of guilty, or plea of nolo contendre, for a determination made with respect to an original application; or (2) the date on which the original application or a previously considered application, as applicable, was filed, for a determination made with respect to a subsequent application.

(e) This Section does not create additional liabilities, beyond those already recognized, for an expert who repudiates his or her original opinion provided at a hearing or trial or whose opinion has been undermined by later scientific research or technological advancements.

Section 99. Effective date. This Act takes effect July 1, 2019.