SB2737 Engrossed

LRB094 18851 RLC 54280 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by changing Section 116-3 as follows:
 
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    (725 ILCS 5/116-3)

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    Sec. 116-3. Motion for fingerprint or forensic testing not 
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available at
trial regarding
actual innocence.


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    (a) A defendant may make a motion before the trial court 
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that entered the
judgment of conviction in his or her case for 
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the performance of fingerprint or
forensic DNA testing, 
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including comparison analysis of genetic marker
groupings of 
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the evidence collected by criminal justice agencies pursuant to

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the alleged offense, to those of the defendant, to those of 
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other forensic
evidence, and to those maintained
under 
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subsection (f) of Section 5-4-3 of the Unified Code of 
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Corrections,
on evidence that was secured in relation
to the 
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trial which resulted in his or her conviction, but which was 
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not subject
to the testing which is now requested because the 
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technology for the testing
was not available at the time of 
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trial.  Reasonable notice of the motion shall
be served upon the 
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State.


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    (b) The defendant must present a prima facie case that:


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        (1) identity was the issue in the trial which resulted 
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    in his or her
conviction; and


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        (2) the evidence to be tested has been subject to a 
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    chain of custody
sufficient to establish that it has not 
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    been substituted, tampered with,
replaced, or altered in 
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    any material aspect.


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    (c) The trial court shall allow the testing under 
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reasonable conditions
designed to protect the State's 
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interests in the integrity of the evidence and
the testing 
 


 






SB2737 Engrossed
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LRB094 18851 RLC 54280 b




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process upon a determination that:


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        (1) the result of the testing has the scientific 
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    potential to produce
new, noncumulative evidence 
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    materially relevant to the defendant's assertion of
actual 
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    innocence even though the results may not completely 
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    exonerate the
defendant;


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        (2) the testing requested employs a scientific method 
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    generally accepted
within the relevant scientific 
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    community; and
.


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        (3) when forensic DNA testing is requested, and the 
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    testing is to be performed on or after the effective date 
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    of this amendatory Act of the 94th General Assembly, the 
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    forensic DNA testing shall be performed by an American 
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    Society of Crime Laboratory Directors/Laboratory 
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    Accreditation Board (ASCLD/LAB) accredited laboratory or 
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    an International Organization for Standardization (ISO) 
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    accredited laboratory, unless upon written motion and 
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    after hearing arguments or evidence, or both, the court may 
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    order the DNA testing be performed by a laboratory that is 
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    not ASCLD/LAB or ISO accredited.

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(Source: P.A. 93-605, eff. 11-19-03.)