SB2995 EngrossedLRB098 18301 RLC 54878 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 116-3 as follows:
 
6    (725 ILCS 5/116-3)
7    Sec. 116-3. Motion for fingerprint, Integrated Ballistic
8Identification System, or forensic testing not available at
9trial or guilty plea regarding actual innocence.
10    (a) A defendant may make a motion before the trial court
11that entered the judgment of conviction in his or her case for
12the performance of fingerprint, Integrated Ballistic
13Identification System, or forensic DNA testing, including
14comparison analysis of genetic marker groupings of the evidence
15collected by criminal justice agencies pursuant to the alleged
16offense, to those of the defendant, to those of other forensic
17evidence, and to those maintained under subsection (f) of
18Section 5-4-3 of the Unified Code of Corrections, on evidence
19that was secured in relation to the trial or guilty plea which
20resulted in his or her conviction, and:
21        (1) was not subject to the testing which is now
22    requested at the time of trial; or
23        (2) although previously subjected to testing, can be

 

 

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1    subjected to additional testing utilizing a method that was
2    not scientifically available at the time of trial that
3    provides a reasonable likelihood of more probative
4    results. Reasonable notice of the motion shall be served
5    upon the State.
6    (b) The defendant must present a prima facie case that:
7        (1) identity was the issue in the trial or guilty plea
8    which resulted in his or her conviction; and
9        (2) the evidence to be tested has been subject to a
10    chain of custody sufficient to establish that it has not
11    been substituted, tampered with, replaced, or altered in
12    any material aspect.
13    (c) The trial court shall allow the testing under
14reasonable conditions designed to protect the State's
15interests in the integrity of the evidence and the testing
16process upon a determination that:
17        (1) the result of the testing has the scientific
18    potential to produce new, noncumulative evidence (i)
19    materially relevant to the defendant's assertion of actual
20    innocence when the defendant's conviction was the result of
21    a trial, even though the results may not completely
22    exonerate the defendant, or (ii) that would raise a
23    reasonable probability that the defendant would have been
24    acquitted if the results of the evidence to be tested had
25    been available prior to the defendant's guilty plea and the
26    petitioner had proceeded to trial instead of pleading

 

 

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1    guilty, even though the results may not completely
2    exonerate the defendant; and
3        (2) the testing requested employs a scientific method
4    generally accepted within the relevant scientific
5    community.
6    (d) If evidence previously tested pursuant to this Section
7reveals an unknown fingerprint from the crime scene that does
8not match the defendant or the victim, the order of the Court
9shall direct the prosecuting authority to request the Illinois
10State Police Bureau of Forensic Science to submit the unknown
11fingerprint evidence into the FBI's Integrated Automated
12Fingerprint Identification System (AIFIS) for identification.
13    (e) In the court's order to allow testing, the court shall
14order the investigating authority to prepare an inventory of
15the evidence related to the case and issue a copy of the
16inventory to the prosecution, the petitioner, and the court.
17    (f) When a motion is filed to vacate based on favorable
18post-conviction testing results, the State may, upon request,
19reactivate victim services for the victim of the crime during
20the pendency of the proceedings, and, as determined by the
21court after consultation with the victim or victim advocate, or
22both, following final adjudication of the case.
23(Source: P.A. 95-688, eff. 10-23-07.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.