093_HB1372eng

 
HB1372 Engrossed                     LRB093 07236 RLC 07392 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.   The  Code  of Criminal Procedure of 1963 is
 5    amended by adding Section 115-21 as follows:

 6        (725 ILCS 5/115-21 new)
 7        Sec. 115-21.  Duty to disclose evidence  helpful  to  the
 8    defense.
 9        (a)  In  a  criminal  case,  the  State shall make timely
10    disclosure to the defense counsel, or to the defendant if the
11    defendant is not represented by counsel, of the existence  of
12    evidence  that  is  material and tends to negate the guilt of
13    the accused, impeach witnesses whom the State will be calling
14    as witnesses, or mitigate the degree of punishment.
15        (b)  If the court determines that evidence, as defined in
16    subsection (a), existed and was not disclosed to the  defense
17    counsel,  or  to  the  defendant  if  the  defendant  is  not
18    represented  by  counsel,  and  had  a tendency to negate the
19    guilt of the accused or impeach  State  witnesses,  then  the
20    defendant  shall  be granted a new trial unless the State can
21    establish by clear and convincing evidence that  the  outcome
22    of the trial would have been the same.
23        (c)  If  evidence,  as defined in subsection (a), was not
24    disclosed to the defense counsel, or to the defendant if  the
25    defendant  is not represented by counsel, and relates only to
26    an issue relevant to sentencing, then the court shall  vacate
27    the  sentence and conduct a new sentencing hearing unless the
28    State can establish by clear and convincing evidence that the
29    sentence was appropriate.
30        (d)  This Section does not serve as a substitute for post
31    trial motions allowed under Section 2-1401  of  the  Code  of
 
HB1372 Engrossed            -2-      LRB093 07236 RLC 07392 b
 1    Civil Procedure.
 2        (e)  This  Section applies to all actions initiated on or
 3    after the effective date of this amendatory Act of  the  93rd
 4    General Assembly.