94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2737


 
Introduced 1/20/2006, by Sen. Edward D. Maloney
 
SYNOPSIS AS INTRODUCED:
 		














725 ILCS 5/116-3









    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 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.
















LRB094 18851 RLC 54280 b

















 


 


A BILL FOR









 











SB2737

LRB094 18851 RLC 54280 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 which resulted in his or her conviction, but which was 
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not subject
to the testing which is now requested because the 
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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 
 


 






SB2737
- 2 -
LRB094 18851 RLC 54280 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; and
.


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        (3) the testing shall be performed by an American 
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    Society of Crime Laboratory Directors/Laboratory 
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    Accreditation Board (ASCLD) accredited laboratory or an 
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    International Standards Organization (ISO) accredited 
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    laboratory.

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