Sen. Kwame Raoul

Filed: 4/7/2014

 

 


 

 


 
09800SB2995sam001LRB098 18301 RLC 58327 a

1
AMENDMENT TO SENATE BILL 2995

2    AMENDMENT NO. ______. Amend Senate Bill 2995 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1evidence, and to those maintained under subsection (f) of
2Section 5-4-3 of the Unified Code of Corrections, on evidence
3that was secured in relation to the trial or guilty plea which
4resulted in his or her conviction, and:
5        (1) was not subject to the testing which is now
6    requested at the time of trial; or
7        (2) although previously subjected to testing, can be
8    subjected to additional testing utilizing a method that was
9    not scientifically available at the time of trial that
10    provides a reasonable likelihood of more probative
11    results. Reasonable notice of the motion shall be served
12    upon the State.
13    (b) The defendant must present a prima facie case that:
14        (1) identity was the issue in the trial or guilty plea
15    which resulted in his or her conviction; and
16        (2) the evidence to be tested has been subject to a
17    chain of custody sufficient to establish that it has not
18    been substituted, tampered with, replaced, or altered in
19    any material aspect.
20    (c) The trial court shall allow the testing under
21reasonable conditions designed to protect the State's
22interests in the integrity of the evidence and the testing
23process upon a determination that:
24        (1) the result of the testing has the scientific
25    potential to produce new, noncumulative evidence (i)
26    materially relevant to the defendant's assertion of actual

 

 

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1    innocence when the defendant's conviction was the result of
2    a trial, even though the results may not completely
3    exonerate the defendant, or (ii) that would raise a
4    reasonable probability that the defendant would have been
5    acquitted if the results of the evidence to be tested had
6    been available prior to the defendant's guilty plea and the
7    petitioner had proceeded to trial instead of pleading
8    guilty, even though the results may not completely
9    exonerate the defendant; and
10        (2) the testing requested employs a scientific method
11    generally accepted within the relevant scientific
12    community.
13    (d) If evidence previously tested pursuant to this Section
14reveals an unknown fingerprint from the crime scene that does
15not match the defendant or the victim, the order of the Court
16shall direct the prosecuting authority to request the Illinois
17State Police Bureau of Forensic Science to submit the unknown
18fingerprint evidence into the FBI's Integrated Automated
19Fingerprint Identification System (AIFIS) for identification.
20    (e) In the court's order to allow testing, the court shall
21order the investigating authority to prepare an inventory of
22the evidence related to the case and issue a copy of the
23inventory to the prosecution, the petitioner, and the court.
24    (f) When a motion is filed to vacate based on favorable
25post-conviction testing results, the State may, upon request,
26reactivate victim services for the victim of the crime during

 

 

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1the pendency of the proceedings, and, as determined by the
2court after consultation with the victim or victim advocate, or
3both, following final adjudication of the case.
4(Source: P.A. 95-688, eff. 10-23-07.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".