[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB2406
725 ILCS 5/116-3
Amends the Code of Criminal Procedure of 1963. Prohibits
a court from ordering the collection of new or additional
evidence for the purpose of conducting or facilitating
forensic DNA testing. Limits testing to evidence collected
before or at the time of the defendant's trial. Effective
immediately.
LRB9007738RCksA
LRB9007738RCksA
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 116-3.
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 changing Section 116-3 as follows:
7 (725 ILCS 5/116-3)
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
-2- LRB9007738RCksA
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 (d) Nothing in this Section shall require and a court
7 may not order the collection of new or additional evidence
8 from any source for the purpose of conducting or facilitating
9 the testing referred to in subsection (a) of this Section.
10 Testing under this Section shall be limited to testing on
11 evidence collected before or at the time of the defendant's
12 trial.
13 (Source: P.A. 90-141, eff. 1-1-98.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.