CRIM PRO-EVIDENCE DISCLOSURE Senate SponsorsSen. John J. Cullerton 1/11/2005SenateSession Sine Die 725 ILCS 5/115-21 newAmends the Code of Criminal Procedure of 1963. Provides that in a criminal case, the State shall make timely disclosure to defense counsel, or to the defendant if the defendant is not represented by counsel, of the existence of evidence, that is material and tends to negate the guilt of the accused, impeach witnesses whom the State will be calling as witnesses, or mitigate the degree of punishment. Provides that if the court determines that evidence existed and was not disclosed to the defense counsel or to the defendant and had a tendency to negate the guilt of the accused or impeach State witnesses, then the defendant shall be granted a new trial unless the State can establish by clear and convincing evidence that the outcome of the trial would have been the same. Provides that if the evidence that was not disclosed to the defense counsel or to the defendant relates only to an issue relevant to sentencing, then the court shall vacate the sentence and conduct a new sentencing hearing unless the State can establish by clear and convincing evidence that the sentence was appropriate. Applies to all actions initiated on or after the effective date of the amendatory Act. 2/18/2003SenateFiled with Secretary by Sen. John J. Cullerton 2/18/2003SenateFirst Reading 2/18/2003SenateReferred to Rules 2/19/2003SenateAssigned to Judiciary 2/27/2003SenatePostponed - Judiciary 2/28/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton 2/28/2003SenateSenate Committee Amendment No. 1 Referred to Rules 3/4/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary 3/5/2003SenatePostponed - Judiciary 3/13/2003SenatePostponed - Judiciary 3/14/2003SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules 3/14/2003SenateRule 3-9(a) / Re-referred to Rules 1/11/2005SenateSession Sine Die