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90_HB2138eng
725 ILCS 5/102-3 from Ch. 38, par. 102-3
Amends the Code of Criminal Procedure of 1963. Makes
grammatical changes in Section construing singular, plural,
masculine, and feminine terms.
LRB9005387RCcd
HB2138 Engrossed LRB9005387RCcd
1 AN ACT in relation to scientific testing, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by adding Section 116-3 as follows:
7 (725 ILCS 5/116-3 new)
8 Sec. 116-3. Motion for fingerprint or forensic testing
9 not available at trial regarding actual innocence.
10 (a) A defendant may make a motion before the trial court
11 that entered the judgment of conviction in his or her case
12 for the performance of fingerprint or forensic DNA testing on
13 evidence that was secured in relation to the trial which
14 resulted in his or her conviction, but which was not subject
15 to the testing which is now requested because the technology
16 for the testing was not available at the time of trial.
17 Reasonable notice of the motion shall be served upon the
18 State.
19 (b) The defendant must present a prima facie case that:
20 (1) identity was the issue in the trial which
21 resulted in his or her conviction; and
22 (2) the evidence to be tested has been subject to a
23 chain of custody sufficient to establish that it has not
24 been substituted, tampered with, replaced, or altered in
25 any material aspect.
26 (c) The trial court shall allow the testing under
27 reasonable conditions designed to protect the State's
28 interests in the integrity of the evidence and the testing
29 process upon a determination that:
30 (1) the result of the testing has the scientific
31 potential to produce new, noncumulative evidence
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1 materially relevant to the defendant's assertion of
2 actual innocence;
3 (2) the testing requested employs a scientific
4 method generally accepted within the relevant scientific
5 community.
6 Section 7. The Unified Code of Corrections is amended by
7 changing Section 3-6-3 as follows:
8 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
9 Sec. 3-6-3. Rules and Regulations for Early Release.
10 (a)(1) The Department of Corrections shall prescribe
11 rules and regulations for the early release on account of
12 good conduct of persons committed to the Department which
13 shall be subject to review by the Prisoner Review Board.
14 (2) The rules and regulations on early release
15 shall provide, with respect to offenses committed on or
16 after the effective date of this amendatory Act of 1995,
17 the following:
18 (i) that a prisoner who is serving a term of
19 imprisonment for first degree murder shall receive
20 no good conduct credit and shall serve the entire
21 sentence imposed by the court;
22 (ii) that a prisoner serving a sentence for
23 attempt to commit first degree murder, solicitation
24 of murder, solicitation of murder for hire,
25 intentional homicide of an unborn child, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, criminal sexual assault,
28 aggravated kidnapping, aggravated battery with a
29 firearm, heinous battery, aggravated battery of a
30 senior citizen, or aggravated battery of a child
31 shall receive no more than 4.5 days of good conduct
32 credit for each month of his or her sentence of
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1 imprisonment; and
2 (iii) that a prisoner serving a sentence for
3 home invasion, armed robbery, aggravated vehicular
4 hijacking, aggravated discharge of a firearm, or
5 armed violence with a category I weapon or category
6 II weapon, when the court has made and entered a
7 finding, pursuant to subsection (c-1) of Section
8 5-4-1 of this Code, that the conduct leading to
9 conviction for the enumerated offense resulted in
10 great bodily harm to a victim, shall receive no more
11 than 4.5 days of good conduct credit for each month
12 of his or her sentence of imprisonment.
13 (2.1) For all offenses, other than those enumerated
14 in subdivision (a)(2) committed on or after the effective
15 date of this amendatory Act of 1995, the rules and
16 regulations shall provide that a prisoner who is serving
17 a term of imprisonment shall receive one day of good
18 conduct credit for each day of his or her sentence of
19 imprisonment or recommitment under Section 3-3-9. Each
20 day of good conduct credit shall reduce by one day the
21 prisoner's period of imprisonment or recommitment under
22 Section 3-3-9.
23 (2.2) A prisoner serving a term of natural life
24 imprisonment or a prisoner who has been sentenced to
25 death shall receive no good conduct credit.
26 (3) The rules and regulations shall also provide
27 that the Director may award up to 180 days additional
28 good conduct credit for meritorious service in specific
29 instances as the Director deems proper; except that no
30 more than 90 days of good conduct credit for meritorious
31 service shall be awarded to any prisoner who is serving a
32 sentence for conviction of first degree murder, reckless
33 homicide while under the influence of alcohol or any
34 other drug, aggravated kidnapping, kidnapping, predatory
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1 criminal sexual assault of a child, aggravated criminal
2 sexual assault, criminal sexual assault, deviate sexual
3 assault, aggravated criminal sexual abuse, aggravated
4 indecent liberties with a child, indecent liberties with
5 a child, child pornography, heinous battery, aggravated
6 battery of a spouse, aggravated battery of a spouse with
7 a firearm, stalking, aggravated stalking, aggravated
8 battery of a child, endangering the life or health of a
9 child, cruelty to a child, or narcotic racketeering.
10 Notwithstanding the foregoing, good conduct credit for
11 meritorious service shall not be awarded on a sentence of
12 imprisonment imposed for conviction of one of the
13 offenses enumerated in subdivision (a)(2) when the
14 offense is committed on or after the effective date of
15 this amendatory Act of 1995.
16 (4) The rules and regulations shall also provide
17 that the good conduct credit accumulated and retained
18 under paragraph (2.1) of subsection (a) of this Section
19 by any inmate during specific periods of time in which
20 such inmate is engaged full-time in substance abuse
21 programs, correctional industry assignments, or
22 educational programs provided by the Department under
23 this paragraph (4) and satisfactorily completes the
24 assigned program as determined by the standards of the
25 Department, shall be multiplied by a factor of 1.25 for
26 program participation before the effective date of this
27 amendatory Act of 1993 and 1.50 for program participation
28 on or after that date. However, no inmate shall be
29 eligible for the additional good conduct credit under
30 this paragraph (4) while assigned to a boot camp, mental
31 health unit, or electronic detention, or if convicted of
32 an offense enumerated in paragraph (a)(2) of this Section
33 that is committed on or after the effective date of this
34 amendatory Act of 1995, or first degree murder, a Class X
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1 felony, criminal sexual assault, felony criminal sexual
2 abuse, aggravated criminal sexual abuse, aggravated
3 battery with a firearm, or any predecessor or successor
4 offenses with the same or substantially the same
5 elements, or any inchoate offenses relating to the
6 foregoing offenses. No inmate shall be eligible for the
7 additional good conduct credit under this paragraph (4)
8 who (i) has previously received increased good conduct
9 credit under this paragraph (4) and has subsequently been
10 convicted of a felony, or (ii) has previously served more
11 than one prior sentence of imprisonment for a felony in
12 an adult correctional facility.
13 Educational, vocational, substance abuse and
14 correctional industry programs under which good conduct
15 credit may be increased under this paragraph (4) shall be
16 evaluated by the Department on the basis of documented
17 standards. The Department shall report the results of
18 these evaluations to the Governor and the General
19 Assembly by September 30th of each year. The reports
20 shall include data relating to the recidivism rate among
21 program participants.
22 Availability of these programs shall be subject to
23 the limits of fiscal resources appropriated by the
24 General Assembly for these purposes. Eligible inmates
25 who are denied immediate admission shall be placed on a
26 waiting list under criteria established by the
27 Department. The inability of any inmate to become engaged
28 in any such programs by reason of insufficient program
29 resources or for any other reason established under the
30 rules and regulations of the Department shall not be
31 deemed a cause of action under which the Department or
32 any employee or agent of the Department shall be liable
33 for damages to the inmate.
34 (5) Whenever the Department is to release any
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1 inmate earlier than it otherwise would because of a grant
2 of good conduct credit for meritorious service given at
3 any time during the term, the Department shall give
4 reasonable advance notice of the impending release to the
5 State's Attorney of the county where the prosecution of
6 the inmate took place.
7 (b) Whenever a person is or has been committed under
8 several convictions, with separate sentences, the sentences
9 shall be construed under Section 5-8-4 in granting and
10 forfeiting of good time.
11 (c) The Department shall prescribe rules and regulations
12 for revoking good conduct credit, or suspending or reducing
13 the rate of accumulation of good conduct credit for specific
14 rule violations, during imprisonment. These rules and
15 regulations shall provide that no inmate may be penalized
16 more than one year of good conduct credit for any one
17 infraction.
18 When the Department seeks to revoke, suspend or reduce
19 the rate of accumulation of any good conduct credits for an
20 alleged infraction of its rules, it shall bring charges
21 therefor against the prisoner sought to be so deprived of
22 good conduct credits before the Prisoner Review Board as
23 provided in subparagraph (a)(4) of Section 3-3-2 of this
24 Code, if the amount of credit at issue exceeds 30 days or
25 when during any 12 month period, the cumulative amount of
26 credit revoked exceeds 30 days except where the infraction is
27 committed or discovered within 60 days of scheduled release.
28 In those cases, the Department of Corrections may revoke up
29 to 30 days of good conduct credit. The Board may subsequently
30 approve the revocation of additional good conduct credit, if
31 the Department seeks to revoke good conduct credit in excess
32 of 30 days. However, the Board shall not be empowered to
33 review the Department's decision with respect to the loss of
34 30 days of good conduct credit within any calendar year for
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1 any prisoner or to increase any penalty beyond the length
2 requested by the Department.
3 The Director of the Department of Corrections, in
4 appropriate cases, may restore up to 30 days good conduct
5 credits which have been revoked, suspended or reduced. Any
6 restoration of good conduct credits in excess of 30 days
7 shall be subject to review by the Prisoner Review Board.
8 However, the Board may not restore good conduct credit in
9 excess of the amount requested by the Director.
10 Nothing contained in this Section shall prohibit the
11 Prisoner Review Board from ordering, pursuant to Section
12 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
13 the sentence imposed by the court that was not served due to
14 the accumulation of good conduct credit.
15 (d) If a lawsuit is filed by a prisoner in an Illinois
16 or federal court against the State, the Department of
17 Corrections, or the Prisoner Review Board, or against any of
18 their officers or employees, and the court makes a specific
19 finding that a pleading, motion, or other paper filed by the
20 prisoner is frivolous, the Department of Corrections shall
21 conduct a hearing to revoke up to 180 days of good conduct
22 credit by bringing charges against the prisoner sought to be
23 deprived of the good conduct credits before the Prisoner
24 Review Board as provided in subparagraph (a)(8) of Section
25 3-3-2 of this Code. If the prisoner has not accumulated 180
26 days of good conduct credit at the time of the finding, then
27 the Prisoner Review Board may revoke all good conduct credit
28 accumulated by the prisoner.
29 For purposes of this subsection (d):
30 (1) "Frivolous" means that a pleading, motion, or
31 other paper filed by a prisoner in his or her lawsuit
32 does not meet the following criteria:
33 (A) it is not being presented for any improper
34 purpose, such as to harass or to cause unnecessary
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1 delay or needless increase in the cost of
2 litigation;
3 (B) the claims, defenses, and other legal
4 contentions therein are warranted by existing law or
5 by a nonfrivolous argument for the extension,
6 modification, or reversal of existing law or the
7 establishment of new law;
8 (C) the allegations and other factual
9 contentions have evidentiary support or, if
10 specifically so identified, are likely to have
11 evidentiary support after a reasonable opportunity
12 for further investigation or discovery; and
13 (D) the denials of factual contentions are
14 warranted on the evidence or, if specifically so
15 identified, are reasonably based on a lack of
16 information or belief.
17 (2) "Lawsuit" means a petition for post conviction
18 relief under Article 122 of the Code of Criminal
19 Procedure of 1963, a motion pursuant to Section 116-3 of
20 the Code of Criminal Procedure of 1963, a habeas corpus
21 action under Article X of the Code of Civil Procedure or
22 under federal law (28 U.S.C. 2254), a petition for claim
23 under the Court of Claims Act or an action under the
24 federal Civil Rights Act (42 U.S.C. 1983).
25 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
26 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
27 89-656, eff. 1-1-97.)
28 Section 10. The Code of Civil Procedure is amended by
29 changing Section 2-1401 as follows:
30 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
31 Sec. 2-1401. Relief from judgments. (a) Relief from
32 final orders and judgments, after 30 days from the entry
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1 thereof, may be had upon petition as provided in this
2 Section. Writs of error coram nobis and coram vobis, bills of
3 review and bills in the nature of bills of review are
4 abolished. All relief heretofore obtainable and the grounds
5 for such relief heretofore available, whether by any of the
6 foregoing remedies or otherwise, shall be available in every
7 case, by proceedings hereunder, regardless of the nature of
8 the order or judgment from which relief is sought or of the
9 proceedings in which it was entered. There shall be no
10 distinction between actions and other proceedings, statutory
11 or otherwise, as to availability of relief, grounds for
12 relief or the relief obtainable.
13 (b) The petition must be filed in the same proceeding in
14 which the order or judgment was entered but is not a
15 continuation thereof. The petition must be supported by
16 affidavit or other appropriate showing as to matters not of
17 record. All parties to the petition shall be notified as
18 provided by rule.
19 (c) Except as provided in Section 20b of the Adoption
20 Act or in a petition based upon Section 116-3 of the Code of
21 Criminal Procedure of 1963, the petition must be filed not
22 later than 2 years after the entry of the order or judgment.
23 Time during which the person seeking relief is under legal
24 disability or duress or the ground for relief is fraudulently
25 concealed shall be excluded in computing the period of 2
26 years.
27 (d) The filing of a petition under this Section does not
28 affect the order or judgment, or suspend its operation.
29 (e) Unless lack of jurisdiction affirmatively appears
30 from the record proper, the vacation or modification of an
31 order or judgment pursuant to the provisions of this Section
32 does not affect the right, title or interest in or to any
33 real or personal property of any person, not a party to the
34 original action, acquired for value after the entry of the
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1 order or judgment but before the filing of the petition, nor
2 affect any right of any person not a party to the original
3 action under any certificate of sale issued before the filing
4 of the petition, pursuant to a sale based on the order or
5 judgment.
6 (f) Nothing contained in this Section affects any
7 existing right to relief from a void order or judgment, or to
8 employ any existing method to procure that relief.
9 (Source: P.A. 88-550, eff. 7-3-94.)