Illinois General Assembly - Bill Status for SB2995

Amends the Code of Criminal Procedure of 1963. Permits inclusion in a defendant's prima facie case for forensic DNA testing of evidence that was not subject to testing at the time of his or her trial or guilty plea that identity was an issue in the investigation that resulted in his or her conviction, even if he or she confessed or admitted to the crime. Provides that upon receipt of a motion for post-conviction DNA testing, the court shall order the State 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. Provides that when a motion is filed to vacate based on favorable post-conviction DNA testing results, the State may, upon request, reactivate victim services for the victim of the crime 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. Effective immediately.

Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963 concerning a defendant's motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at trial or guilty plea regarding actual innocence. Provides that the motion may be made if the defendant pleads guilty. Provides that 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 the result of the testing has the scientific potential to produce new, noncumulative evidence 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. Provides that 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. Provides that 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 crime 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. Effective immediately.

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