DURKIN-OSMOND-WINKEL-BASSI-MEYER, YARBROUGH, CURRIE, LYONS,EILEEN, MULLIGAN, ERWIN, KRAUSE, HOWARD, BURKE, COULSON, MILLER, BEAUBIEN, BRADY, KURTZ, MCAULIFFE AND GILES. (HAWKINSON) 725 ILCS 5/115-21 new Amends the Code of Criminal Procedure of 1963. Provides that in a criminal case, the State shall make timely disclosure to defense counsel, or to the defendant if the defendant is not represented by counsel, of the existence of evidence, known to the State, that is material and tends to negate the guilt of the accused, impeach witnesses whom the State will be calling as witnesses, or mitigate the degree of punishment. Provides that if the State knowingly fails to make timely disclosure of the evidence to the defendant, the court, upon motion of the defendant or upon its own motion, if it makes such a finding, may grant the defendant a new trial (or if the failure to disclose the evidence to the defendant relates only to an issue relevant to sentencing, the court shall vacate the sentence, conduct another sentencing hearing, and shall resentence the defendant). Applies to all actions initiated on or after January 1, 2002. Effective January 1, 2002. HOUSE AMENDMENT NO. 1. Deletes reference to: 725 ILCS 5/115-21 new Adds reference to: 725 ILCS 5/115-8 from Ch. 38, par. 115-8 Deletes everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section that permits the defendant to waive his or her right to be present during trial. HOUSE AMENDMENT NO. 3. Deletes reference to: 725 ILCS 5/115-8 Adds reference to: 725 ILCS 5/115-21 new Deletes everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that in a criminal case, the State shall make timely disclosure to defense counsel, or to the defendant if the defendant is not represented by counsel, of the existence of evidence, that is material and tends to negate the guilt of the accused, impeach witnesses whom the State will be calling as witnesses, or mitigate the degree of punishment. Provides that if the court determines that evidence existed and was not disclosed to the defense counsel or to the defendant and had a tendency to negate the guilt of the accused or impeach State witnesses, then the defendant shall be granted a new trial unless the State can establish by clear and convincing evidence that the outcome of the trial would have been the same. Provides that if the evidence that was not disclosed to the defense counsel or to the defendant relates only to an issue relevant to sentencing, then the court shall vacate the sentence and conduct a new sentencing hearing unless the State can establish by clear and convincing evidence that the sentence was appropriate. Effective January 1, 2002 and applies to all actions initiated on or after that date. FEB-16-2001 H FILED WITH CLERK FEB-16-2001 H ADDED AS A JOINT SPONSOR OSMOND FEB-16-2001 H ADDED AS A CO-SPONSOR YARBROUGH FEB-16-2001 H ADDED AS A CO-SPONSOR WINKEL FEB-16-2001 H ADDED AS A CO-SPONSOR CURRIE FEB-16-2001 H ADDED AS A CO-SPONSOR BELLOCK FEB-16-2001 H ADDED AS A CO-SPONSOR LYONS,EILEEN FEB-16-2001 H ADDED AS A CO-SPONSOR MULLIGAN FEB-16-2001 H FIRST READING FEB-16-2001 H REFERRED TO HOUSE RULES COMMITTEE RULES FEB-16-2001 H ADDED AS A CO-SPONSOR ERWIN FEB-16-2001 H ADDED AS A CO-SPONSOR KRAUSE FEB-16-2001 H ADDED AS A CO-SPONSOR HOWARD FEB-21-2001 H ASSIGNED TO COMMITTEE PROS MISCNDCT FEB-23-2001 H MOTION PREVAILED TO SUSPEND RULE 25 FEB-23-2001 H COMMITTEE PROS MISCNDCT FEB-28-2001 H ADDED AS A CO-SPONSOR BURKE MAR-01-2001 H AMENDMENT NO. 01-PROS MISCNDCT H MAR-01-2001 H ADOPTED MAR-01-2001 H DO PASS AMENDED/SHORT DEBATE 009-000-000 HPRO MAR-01-2001 H PLACED CALENDAR 2ND READING-SHORT DEBATE MAR-21-2001 H AMENDMENT NO. 02-DURKIN MAR-21-2001 H AMENDMENT REFERRED TO HRUL MAR-21-2001 H CALENDAR ORDER 2ND READING-SHORT DEBATE MAR-22-2001 H ADDED AS A CO-SPONSOR MATHIAS MAR-22-2001 H AMENDMENT NO. 03-DURKIN MAR-22-2001 H AMENDMENT REFERRED TO HRUL MAR-22-2001 H CALENDAR ORDER 2ND READING-SHORT DEBATE MAR-26-2001 H AMENDMENT NO. 03-DURKIN MAR-26-2001 H RULES REFERS TO HPRO MAR-26-2001 H CALENDAR ORDER 2ND READING-SHORT DEBATE MAR-27-2001 H AMENDMENT NO. 03-DURKIN MAR-27-2001 H RECOMMENDS BE ADOPTED HPRO/006-000-000 MAR-27-2001 H SECOND READING-SHORT DEBATE MAR-27-2001 H AMENDMENT NO. 03-DURKIN MAR-27-2001 H ADOPTED MAR-27-2001 H PLCD CAL ORDER 3RD READING-SHORT DEBATE MAR-29-2001 H ADDED AS A CO-SPONSOR COULSON MAR-29-2001 H ADDED AS A CO-SPONSOR MILLER MAR-29-2001 H ADDED AS A CO-SPONSOR BEAUBIEN MAR-29-2001 H ADDED AS A CO-SPONSOR BRADY MAR-29-2001 H ADDED AS A CO-SPONSOR KURTZ MAR-29-2001 H TABLED PURSUANT TO RULE 40(a) HA 02 MAR-29-2001 H THIRD READING/SHORT DEBATE/PASSED 115-000-000 MAR-29-2001 H ADDED AS A JOINT SPONSOR WINKEL MAR-29-2001 H ADDED AS A JOINT SPONSOR BASSI MAR-29-2001 H ADDED AS A JOINT SPONSOR MEYER MAR-29-2001 H ADDED AS A CO-SPONSOR MCAULIFFE MAR-29-2001 H ADDED AS A CO-SPONSOR GILES MAR-29-2001 S ARRIVE IN SENATE MAR-29-2001 S PLACED CALENDAR ORDER OF FIRST READING 01-03-30 APR-05-2001 S CHIEF SPONSOR HAWKINSON APR-05-2001 S FIRST READING APR-05-2001 S REFERRED TO SENATE RULES COMMITTEE RULES JAN-07-2003 H SESSION SINE DIE END OF INQUIRY Full Text Bill Summary