93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4261


 
Introduced 1/29/2004, by Patricia R. Bellock
 
SYNOPSIS AS INTRODUCED:
 		














725 ILCS 5/116-3









    Amends the Code of Criminal Procedure of 1963. Makes a technical change in the Section that permits the defendant to make a motion for fingerprint or forensic DNA testing on evidence that was secured in relation to the trial that resulted in his or her conviction, but that was not subject to testing because the technology for testing was not available at the time of trial.



















LRB093 18933 RLC 44668 b




















 


 


A BILL FOR









 














HB4261

LRB093 18933 RLC 44668 b









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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 
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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 or forensic testing not 
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available at
trial regarding
actual innocence.


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    (a) A defendant may make a motion before the trial court 
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that entered the
judgment of conviction in his or her case for 
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the performance of fingerprint or
forensic DNA testing, 
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including comparison analysis of genetic marker
groupings of 
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the evidence collected by criminal justice agencies pursuant to

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the alleged offense, to those of the defendant, to those of 
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other forensic
evidence, and to those maintained
under 
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subsection (f) of Section 5-4-3 of the Unified Code of 
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Corrections,
on evidence that was secured in relation
to the 
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trial that
which resulted in his or her conviction, but which 
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was not subject
to the testing which is now requested because 
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the technology for the testing
was not available at the time of 
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trial.  Reasonable notice of the motion shall
be served upon the 
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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 which resulted 
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    in his or her
conviction; and


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        (2) the evidence to be tested has been subject to a 
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    chain of custody
sufficient to establish that it has not 
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    been substituted, tampered with,
replaced, or altered in 
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    any material aspect.


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    (c) The trial court shall allow the testing under 
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reasonable conditions
designed to protect the State's 
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interests in the integrity of the evidence and
the testing 
 


 









HB4261
- 2 -
LRB093 18933 RLC 44668 b







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process upon a determination that:


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        (1) the result of the testing has the scientific 
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    potential to produce
new, noncumulative evidence 
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    materially relevant to the defendant's assertion of
actual 
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    innocence even though the results may not completely 
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    exonerate the
defendant;


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        (2) the testing requested employs a scientific method 
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    generally accepted
within the relevant scientific 
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    community.


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(Source: P.A. 93-605, eff. 11-19-03.)