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90_HB3125
725 ILCS 5/116-3
Amends the Code of Criminal Procedure of 1963. Makes a
stylistic change in Section that permits the defendant to
make a motion for fingerprint or forensic DNA testing on
evidence that was not subject to the testing at the time of
trial.
LRB9009734RCks
LRB9009734RCks
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 that which was not
15 subject to the testing which is now requested because the
16 technology for the testing was not available at the time of
17 trial. Reasonable notice of the motion shall be served upon
18 the 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- LRB9009734RCks
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 (Source: P.A. 90-141, eff. 1-1-98.)