Illinois Compiled Statutes
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725 ILCS 5/116-3
(725 ILCS 5/116-3)
Motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at
trial or guilty plea regarding
(a) A defendant may make a motion before the trial court that entered the
judgment of conviction in his or her case for the performance of fingerprint, Integrated Ballistic Identification System, or
forensic DNA testing, including comparison analysis of genetic marker
groupings of the evidence collected by criminal justice agencies pursuant to
the alleged offense, to those of the defendant, to those of other forensic
evidence, and to those maintained
under subsection (f) of Section 5-4-3 of the Unified Code of Corrections,
on evidence that was secured in relation
to the trial or guilty plea which resulted in his or her conviction, and:
(1) was not subject to the testing which is now
requested at the time of trial; or
(2) although previously subjected to testing, can be
subjected to additional testing utilizing a method that was not scientifically available at the time of trial that provides a reasonable likelihood of more probative results.
Reasonable notice of the motion shall be served upon the State.
(b) The defendant must present a prima facie case that:
(1) identity was the issue in the trial or guilty
plea which resulted in his or her conviction; and
(2) the evidence to be tested has been subject to a
chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material aspect.
(c) The trial court shall allow the testing under reasonable conditions
designed to protect the State's interests in the integrity of the evidence and
the testing process upon a determination that:
(1) the result of the testing has the scientific
potential to produce new, noncumulative evidence (i) materially relevant to the defendant's assertion of actual innocence when the defendant's conviction was the result of a trial, even though the results may not completely exonerate the defendant, or (ii) that would raise a reasonable probability that the defendant would have been acquitted if the results of the evidence to be tested had been available prior to the defendant's guilty plea and the petitioner had proceeded to trial instead of pleading guilty, even though the results may not completely exonerate the defendant; and
(2) the testing requested employs a scientific method
generally accepted within the relevant scientific community.
(d) If evidence previously tested pursuant to this Section reveals an unknown fingerprint from the crime scene that does not match the defendant or the victim, the order of the Court shall direct the prosecuting authority to request the Illinois State Police Bureau of Forensic Science to submit the unknown fingerprint evidence into the FBI's Integrated Automated Fingerprint Identification System (AIFIS) for identification.
(e) In the court's order to allow testing, the court shall order the investigating authority to prepare an inventory of
the evidence related to the case and issue a copy of the
inventory to the prosecution, the petitioner, and the court.
(f) When a motion is filed to vacate based on favorable
post-conviction testing results, the State may, upon
request, reactivate victim services for the victim of the
during the pendency of the proceedings, and, as determined by
the court after consultation with the victim or victim
advocate, or both, following final adjudication of the case.
(Source: P.A. 102-538, eff. 8-20-21.)