Bill Status of SB 2737   94th General Assembly

Short Description:  CRIM PRO-FORENSIC TESTING

Senate Sponsors
Sen. Kwame Raoul and John J. Cullerton-Mattie Hunter-Jacqueline Y. Collins-Don Harmon

House Sponsors
(Rep. Constance A. Howard-Mary E. Flowers-Monique D. Davis-Esther Golar-Elga L. Jefferies and Eddie Washington)


Last Action  View All Actions

DateChamber Action
  2/27/2007SenatePublic Act . . . . . . . . . 94-1113

Statutes Amended In Order of Appearance
725 ILCS 5/116-3

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that forensic testing of evidence that was secured in relation to the trial which resulted in the defendant's conviction, but which was not subject to the testing which is now requested because the technology for the testing was not available at the time of trial may be allowed by the court if in addition to the other factors required by law the testing is performed by an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD) accredited laboratory or an International Standards Organization (ISO) accredited laboratory.

Senate Committee Amendment No. 1
Provides that when forensic DNA testing is requested, and the testing is to be performed on or after the effective date of this amendatory Act, the forensic DNA testing shall be performed by an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD) accredited laboratory or an International Standards Organization (ISO) accredited laboratory.

Senate Floor Amendment No. 2
Provides that when forensic DNA testing is requested, and the testing is to be performed on or after the effective date of this amendatory Act of the 94th General Assembly, the forensic DNA testing shall be performed by an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) accredited laboratory or an International Organization for Standardization (ISO) accredited laboratory, unless upon written motion and after hearing arguments or evidence, or both, the court may order the DNA testing be performed by a laboratory that is not ASCLD/LAB or ISO accredited.

House Amendment No. 3
Deletes reference to:
725 ILCS 5/116-3
Adds reference to:
New Act
720 ILCS 5/3-7from Ch. 38, par. 3-7
720 ILCS 5/12-7from Ch. 38, par. 12-7
735 ILCS 5/13-202from Ch. 110, par. 13-202

Deletes everything after the enacting clause. Creates the Civil Rights Act of 2006. Provides that independent of any criminal prosecution or the result thereof, any person suffering injury to his or her person or damage to his or her property as a result of having been compelled to confess or provide information regarding an offense by force or threat of imminent bodily harm may bring a civil action for damages, injunctive relief, or other appropriate relief. Provides that upon a finding of liability, the court shall award actual damages, including damages for emotional distress, punitive damages, when appropriate, and any suitable equitable relief. Provides that a judgment in favor of the prevailing plaintiff shall include an award for reasonable attorney's fees and costs. Provides that independent of any criminal prosecution or the result thereof, any person suffering damages as a result of retaliatory action may bring a civil action for damages, injunctive relief, or other appropriate relief. Provides that a judgment in favor of the prevailing plaintiff shall include an award for reasonable attorney's fees and costs. Amends the Criminal Code of 1961. Provides that if a person is charged with using unlawful force or threats to obtain information or a confession, and the victim's incarceration, in whole or in part, is a consequence of the unlawful force or threats, the period within which a prosecution must be commenced is tolled during the period of the victim's incarceration. Provides that compelling a confession or information is a: (1) Class 4 felony if the defendant threatens imminent bodily harm to obtain a confession, statement, or information but does not inflict bodily harm on the victim, (2) Class 3 felony if the defendant inflicts bodily harm on the victim to obtain a confession, statement, or information, and (3) Class 2 felony if the defendant inflicts great bodily harm to obtain a confession, statement, or information. Amends the Code of Civil Procedure. Provides that if the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this provision shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is greater. Provides that "However, this provision relating to the compelling of a confession or information shall not apply to units of local government governed by the Local Governmental and Governmental Employees Tort Immunity Act".

Actions 
DateChamber Action
  1/20/2006SenateFiled with Secretary by Sen. Edward D. Maloney
  1/20/2006SenateFirst Reading
  1/20/2006SenateReferred to Rules
  2/1/2006SenateAssigned to Judiciary
  2/8/2006SenateHeld in Judiciary
  2/14/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney
  2/14/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  2/14/2006SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  2/14/2006SenateSenate Committee Amendment No. 1 Adopted
  2/15/2006SenateDo Pass as Amended Judiciary; 006-003-000
  2/15/2006SenatePlaced on Calendar Order of 2nd Reading February 16, 2006
  2/24/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Edward D. Maloney
  2/24/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  2/28/2006SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  3/1/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-000-000
  3/1/2006SenateSecond Reading
  3/1/2006SenateSenate Floor Amendment No. 2 Adopted; Maloney
  3/1/2006SenatePlaced on Calendar Order of 3rd Reading March 2, 2006
  3/2/2006SenateThird Reading - Passed; 056-000-000
  3/2/2006HouseArrived in House
  3/2/2006HousePlaced on Calendar Order of First Reading
  3/2/2006HouseChief House Sponsor Rep. Daniel J. Burke
  3/2/2006HouseFirst Reading
  3/2/2006HouseReferred to Rules Committee
  3/8/2006HouseAssigned to Judiciary II - Criminal Law Committee
  3/24/2006HouseFinal Action Deadline Extended-9(b) April 7, 2006
  3/28/2006HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 016-000-000
  3/29/2006HousePlaced on Calendar 2nd Reading - Short Debate
  4/7/2006HouseFinal Action Deadline Extended-9(b) April 13, 2006
  4/7/2006HouseSecond Reading - Short Debate
  4/7/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  4/13/2006HouseFinal Action Deadline Extended-9(b) April 30, 2006
  4/30/2006HouseFinal Action Deadline Extended-9(b) May 5, 2006
  5/5/2006HouseRule 19(a) / Re-referred to Rules Committee
  11/13/2006HouseFinal Action Deadline Extended-9(b) January 9, 2007
  11/13/2006HouseApproved for Consideration Rules Committee; 004-000-000
  11/13/2006HouseRules Refers to 2nd Reading
  11/13/2006HousePlaced on Calendar 2nd Reading - Short Debate
  11/14/2006HouseAlternate Chief Sponsor Changed to Rep. Constance A. Howard
  11/15/2006HouseHouse Amendment No. 1 Filed with Clerk by Rep. Constance A. Howard
  11/15/2006HouseHouse Amendment No. 1 Referred to Rules Committee
  11/15/2006HouseHouse Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  11/16/2006HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  11/16/2006HouseAdded Alternate Chief Co-Sponsor Rep. Monique D. Davis
  11/16/2006HouseAdded Alternate Chief Co-Sponsor Rep. Esther Golar
  11/16/2006HouseAdded Alternate Chief Co-Sponsor Rep. Elga L. Jefferies
  11/27/2006HouseHouse Amendment No. 2 Filed with Clerk by Rep. Constance A. Howard
  11/27/2006HouseHouse Amendment No. 2 Referred to Rules Committee
  11/27/2006HouseHouse Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  11/28/2006SenateAdded as Co-Sponsor Sen. John J. Cullerton
  11/28/2006HouseHouse Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 012-001-000
  11/28/2006SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  11/29/2006HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  12/19/2006SenateChief Sponsor Changed to Sen. Kwame Raoul
  12/19/2006SenateSponsor Removed Sen. Kwame Raoul
  1/3/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Constance A. Howard
  1/3/2007HouseHouse Amendment No. 3 Referred to Rules Committee
  1/4/2007HouseHouse Amendment No. 3 Rules Refers to Judiciary II - Criminal Law Committee
  1/7/2007HouseHouse Amendment No. 3 Recommends Be Adopted Judiciary II - Criminal Law Committee; 013-000-000
  1/7/2007HouseSecond Reading - Short Debate
  1/7/2007HouseHouse Amendment No. 2 Withdrawn by Rep. Constance A. Howard
  1/7/2007HouseHouse Amendment No. 3 Adopted by Voice Vote
  1/7/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  1/7/2007HouseThird Reading - Short Debate - Passed 109-000-000
  1/7/2007HouseHouse Amendment No. 1 Tabled Pursuant to Rule 40(a)
  1/9/2007SenateSecretary's Desk - Concurrence House Amendment(s) 03
  1/9/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 03
  1/9/2007SenateHouse Amendment No. 3 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  1/9/2007SenateHouse Amendment No. 3 Motion to Concur Referred to Rules
  1/9/2007SenateHouse Amendment No. 3 Motion to Concur Rules Referred to Judiciary
  1/9/2007SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  1/9/2007SenateHouse Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
  1/9/2007SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  1/9/2007SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  1/9/2007SenateHouse Amendment No. 3 Senate Concurs 054-000-000
  1/9/2007SenatePassed Both Houses
  1/24/2007SenateSent to the Governor
  2/27/2007SenateGovernor Approved
  2/27/2007SenateEffective Date January 1, 2008
  2/27/2007SenatePublic Act . . . . . . . . . 94-1113

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