093_HB3366

 
                                     LRB093 09609 RLC 09847 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 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)
 7        Sec.  116-3.  Motion  for fingerprint or forensic testing
 8    not available at trial regarding actual innocence.
 9        (a)  A defendant may make a motion before the trial court
10    that entered the judgment of conviction in his  or  her  case
11    for the performance of fingerprint or forensic DNA testing on
12    evidence  that  was  secured  in  relation to the trial which
13    resulted in his or her conviction, but which was not  subject
14    to  the testing which is now requested because the technology
15    for the testing was not  available  at  the  time  of  trial.
16    Reasonable  notice  of  the  motion  shall be served upon the
17    State.
18        (b)  The defendant must present a prima facie case that:
19             (1)  identity was  the  issue  in  the  trial  which
20        resulted in his or her conviction; and
21             (2)  the evidence to be tested has been subject to a
22        chain  of custody sufficient to establish that it has not
23        been substituted, tampered with, replaced, or altered  in
24        any material aspect.
25        (c)  The  trial  court  shall  allow  the  testing  under
26    reasonable   conditions   designed  to  protect  the  State's
27    interests in the integrity of the evidence  and  the  testing
28    process upon a determination that:
29             (1)  the  result  of  the testing has the scientific
30        potential  to   produce   new,   noncumulative   evidence
31        materially  relevant  to  the  defendant's  assertion  of
 
                            -2-      LRB093 09609 RLC 09847 b
 1        actual  innocence and in capital cases, the evidence must
 2        significantly advance the defendant's claim of  innocence
 3        but need not completely exonerate the defendant;
 4             (2)  the  testing  requested  employs  a  scientific
 5        method  generally accepted within the relevant scientific
 6        community.
 7    (Source: P.A. 90-141, eff. 1-1-98.)