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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 116-3 as follows: | ||||||
6 | (725 ILCS 5/116-3)
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7 | Sec. 116-3. Motion for fingerprint , Integrated Ballistic | ||||||
8 | Identification System, or forensic testing not available at
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9 | trial regarding
actual innocence.
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10 | (a) A defendant may make a motion before the trial court | ||||||
11 | that entered the
judgment of conviction in his or her case for | ||||||
12 | the performance of fingerprint , Integrated Ballistic | ||||||
13 | Identification System, or
forensic DNA testing, including | ||||||
14 | comparison analysis of genetic marker
groupings of the evidence | ||||||
15 | collected by criminal justice agencies pursuant to
the alleged | ||||||
16 | offense, to those of the defendant, to those of other forensic
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17 | evidence, and to those maintained
under subsection (f) of | ||||||
18 | Section 5-4-3 of the Unified Code of Corrections,
on evidence | ||||||
19 | that was secured in relation
to the trial which resulted in his | ||||||
20 | or her conviction, and:
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21 | (1)
but which was not subject
to the testing which is | ||||||
22 | now requested because the technology for the testing
was | ||||||
23 | not available at the time of trial ; or . Reasonable notice |
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1 | of the motion shall
be served upon the State.
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2 | (2) although previously subjected to testing, can be | ||||||
3 | subjected to additional testing utilizing a method that was | ||||||
4 | not scientifically available at the time of trial that | ||||||
5 | provides a reasonable likelihood of more probative | ||||||
6 | results.
Reasonable notice of the motion shall be served | ||||||
7 | upon the State.
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8 | (b) The defendant must present a prima facie case that:
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9 | (1) identity was the issue in the trial which resulted | ||||||
10 | in his or her
conviction; and
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11 | (2) the evidence to be tested has been subject to a | ||||||
12 | chain of custody
sufficient to establish that it has not | ||||||
13 | been substituted, tampered with,
replaced, or altered in | ||||||
14 | any material aspect.
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15 | (c) The trial court shall allow the testing under | ||||||
16 | reasonable conditions
designed to protect the State's | ||||||
17 | interests in the integrity of the evidence and
the testing | ||||||
18 | process upon a determination that:
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19 | (1) the result of the testing has the scientific | ||||||
20 | potential to produce
new, noncumulative evidence | ||||||
21 | materially relevant to the defendant's assertion of
actual | ||||||
22 | innocence even though the results may not completely | ||||||
23 | exonerate the
defendant;
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24 | (2) the testing requested employs a scientific method | ||||||
25 | generally accepted
within the relevant scientific | ||||||
26 | community.
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1 | (d) If evidence previously tested pursuant to this Section | ||||||
2 | reveals an unknown fingerprint from the crime scene that does | ||||||
3 | not match the defendant or the victim, the order of the Court | ||||||
4 | shall direct the prosecuting authority to request the Illinois | ||||||
5 | State Police Bureau of Forensic Science to submit the unknown | ||||||
6 | fingerprint evidence into the FBI's Integrated Automated | ||||||
7 | Fingerprint Identification System (AIFIS) for identification.
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8 | (Source: P.A. 93-605, eff. 11-19-03.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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