92nd General Assembly
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PETKA-DILLARD-HAWKINSON.

(DANIELS-BIGGINS)

   725 ILCS 5/110-11         from Ch. 38, par. 110-11                          

        Amends the Code of Criminal Procedure of 1963.  Makes a technical      
   change in a Section concerning bail on a new trial.                         
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          725 ILCS 5/110-11                                                    
          Adds reference to:                                                   
          725 ILCS 5/114-13               from Ch. 38, par. 114-13             
          725 ILCS 5/122-1                from Ch. 38, par. 122-1              
          725 ILCS 5/122-2                from Ch. 38, par. 122-2              
          725 ILCS 5/122-3                from Ch. 38, par. 122-3              
          725 ILCS 5/122-6.1 new                                               
        Deletes everything.  Amends the Code  of  Criminal  Procedure  of      
   1963.    Requires  any investigative, law enforcement, or other agency      
   responsible for investigating any felony offense, or participating  in      
   an  investigation  of  any  felony offense to provide to the authority      
   prosecuting the offense all reports that have  been  generated  by  or      
   have  come  into the possession of the investigating agency concerning      
   the offense being investigated. Also requires the investigating agency      
   to provide to the prosecuting authority any  material  or  information      
   within  its  possession or control that would tend to negate the guilt      
   of the accused of the offense charged or reduce his or her  punishment      
   for  the offense, and requires every investigative and law enforcement      
   agency in this State to adopt policies to ensure compliance with these      
   provisions.  Provides that under the  Constitution  of  the  State  of      
   Illinois,  an  assertion of substantial denial of rights includes, but      
   is not limited to, an independent claim of actual innocence  based  on      
   newly   discovered  evidence.    Provides  that  a  proceeding  on  an      
   independent claim  of  actual  innocence  based  on  newly  discovered      
   evidence  must be commenced within 6 months after the discovery of the      
   new evidence by the defendant and that the petition must set forth the      
   nature of the evidence and demonstrate that: (i) the new evidence  was      
   discovered  since  the  defendant's  trial; and (ii)  the new evidence      
   could not have been discovered prior to trial by the exercise  of  due      
   diligence.    Also  provides  that  an  independent  claim  of  actual      
   innocence based on newly discovered evidence is not waived  if  it  is      
   not  the original or amended petition. Provides that at a hearing on a      
   petition that asserts an independent claim of actual  innocence  based      
   on  newly discovered evidence, the burden shall be on the defendant to      
   prove his or her actual innocence and requires the defendant to  prove      
   his  or  her  actual  innocence  by  clear  and  convincing  evidence.      
   Provides  that, in an actual innocence hearing, the court shall make a      
   determination about the reliability and  admissibility  of  the  newly      
   discovered  evidence and, only if the court finds that the evidence of      
   the defendant's actual innocence is clear and convincing and of such a      
   conclusive character that it would likely change  the  result  of  the      
   defendant's trial shall the court order a new trial for the defendant.      
   FEB-22-2001  S  FIRST READING                                                  
   FEB-22-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   FEB-28-2001  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   MAR-07-2001  S       TO SUBCOMMITTEE                                           
   MAR-21-2001  S       TO SUBCOMMITTEE                                           
   MAR-22-2001  S  SPONSOR REMOVED                          DILLARD               
   MAR-22-2001  S  CHIEF SPONSOR CHANGED TO                 PETKA                 
   MAR-22-2001  S  ADDED AS A CHIEF CO-SPONSOR              DILLARD               
   MAR-27-2001  S                             AMENDMENT NO. 01-JUDICIARY     S    
   MAR-27-2001  S                                   ADOPTED                       
   MAR-28-2001  S       DO PASS                             011-000-000   SJUD    
   MAR-28-2001  S  PLACED ON CALENDAR ORDER OF 2ND READING  01-03-29              
   MAR-28-2001  S  ADDED AS A CHIEF CO-SPONSOR              HAWKINSON             
   MAR-30-2001  S  SECOND READING                                                 
   MAR-30-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-04-02              
   APR-04-2001  S  THIRD READING - PASSED                   055-000-000           
   APR-04-2001  H  ARRIVE IN HOUSE                                                
   APR-04-2001  H  HOUSE SPONSOR                            DURKIN                
   APR-04-2001  H  PLACED CALENDAR ORDER OF FIRST READING                         
   APR-05-2001  H  FIRST READING                                                  
   APR-05-2001  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   APR-06-2001  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   APR-06-2001  H  ADDED AS A JOINT SPONSOR                 BIGGINS               
   APR-25-2001  H  ALTERNATE PRIMARY SPONSOR CHANGED TO     DANIELS               
   MAY-03-2001  H  RE-REFERRED TO RULES COMM/RULE 19(A)     RULES         HRUL    
   JAN-07-2003  S  SESSION SINE DIE                                               

   END OF INQUIRY 



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