Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CRIMINAL PROCEDURE725 ILCS 5/Art. 116
(725 ILCS 5/) Code of Criminal Procedure of 1963.
(725 ILCS 5/Art. 116 heading)
725 ILCS 5/116-1
(725 ILCS 5/116-1)
(from Ch. 38, par. 116-1)
Motion for new trial.
(a) Following a verdict or finding of guilty the court may grant the
defendant a new trial.
(b) A written motion for a new trial shall be filed by the defendant
within 30 days following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be served upon the State.
(c) The motion for a new trial shall specify the grounds therefor.
(Source: Laws 1963, p. 2836.)
725 ILCS 5/116-2
(725 ILCS 5/116-2)
(from Ch. 38, par. 116-2)
Motion in arrest of judgment.
(a) A written motion in arrest
of judgment shall be filed by the defendant within 30 days following the
entry of a verdict or finding of guilty. Reasonable notice of the motion
shall be served upon the State.
(b) The court shall grant the motion when:
(1) The indictment, information or complaint does not charge an offense,
(2) The court is without jurisdiction of the cause.
(c) A motion in arrest of judgment attacking the indictment,
information, or complaint on the ground that it does not charge an offense
shall be denied if the indictment, information or complaint apprised the accused of the
precise offense charged with sufficient specificity to prepare his defense
and allow pleading a resulting conviction as a bar to future prosecution
out of the same conduct.
(Source: P.A. 86-391.)
725 ILCS 5/116-2.1
(725 ILCS 5/116-2.1)
Motion to vacate prostitution convictions for sex trafficking victims.
(a) A motion under this Section may be filed at any time following the entry of a verdict or finding of guilty where the conviction was under Section 11-14 (prostitution) or Section 11-14.2 (first offender; felony prostitution) of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance and the defendant's participation in the offense was a result of having been a trafficking victim under Section 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons) of the Criminal Code of 1961 or the Criminal Code of 2012; or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. Section 7102(13)); provided that:
(1) a motion under this Section shall state why the
facts giving rise to this motion were not presented to the trial court, and shall be made with due diligence, after the defendant has ceased to be a victim of such trafficking or has sought services for victims of such trafficking, subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of such trafficking that may be jeopardized by the bringing of such motion, or for other reasons consistent with the purpose of this Section; and
(2) reasonable notice of the motion shall be served
(b) The court may grant the motion if, in the discretion of the court, the violation was a result of the defendant having been a victim of human trafficking. Evidence of such may include, but is not limited to:
(1) certified records of federal or State court
proceedings which demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
(2) certified records of "approval notices" or "law
enforcement certifications" generated from federal immigration proceedings available to such victims; or
(3) a sworn statement from a trained professional
staff of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the defendant has sought assistance in addressing the trauma associated with being trafficked.
Alternatively, the court may consider such other evidence as it deems of sufficient credibility and probative value in determining whether the defendant is a trafficking victim or victim of a severe form of trafficking.
(c) If the court grants a motion under this Section, it must vacate the conviction and may take such additional action as is appropriate in the circumstances.
(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
725 ILCS 5/116-3
(725 ILCS 5/116-3)
Motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at
trial or guilty plea regarding
(a) A defendant may make a motion before the trial court that entered the
judgment of conviction in his or her case for the performance of fingerprint, Integrated Ballistic Identification System, or
forensic DNA testing, including comparison analysis of genetic marker
groupings of the evidence collected by criminal justice agencies pursuant to
the alleged offense, to those of the defendant, to those of other forensic
evidence, and to those maintained
under subsection (f) of Section 5-4-3 of the Unified Code of Corrections,
on evidence that was secured in relation
to the trial or guilty plea which resulted in his or her conviction, and:
(1) was not subject to the testing which is now
requested at the time of trial; or
(2) although previously subjected to testing, can be
subjected to additional testing utilizing a method that was not scientifically available at the time of trial that provides a reasonable likelihood of more probative results.
Reasonable notice of the motion shall be served upon the State.
(b) The defendant must present a prima facie case that:
(1) identity was the issue in the trial or guilty
plea which resulted in his or her conviction; and
(2) the evidence to be tested has been subject to a
chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material aspect.
(c) The trial court shall allow the testing under reasonable conditions
designed to protect the State's interests in the integrity of the evidence and
the testing process upon a determination that:
(1) the result of the testing has the scientific
potential to produce new, noncumulative evidence (i) materially relevant to the defendant's assertion of actual innocence when the defendant's conviction was the result of a trial, even though the results may not completely exonerate the defendant, or (ii) that would raise a reasonable probability that the defendant would have been acquitted if the results of the evidence to be tested had been available prior to the defendant's guilty plea and the petitioner had proceeded to trial instead of pleading guilty, even though the results may not completely exonerate the defendant; and
(2) the testing requested employs a scientific method
generally accepted within the relevant scientific community.
(d) If evidence previously tested pursuant to this Section reveals an unknown fingerprint from the crime scene that does not match the defendant or the victim, the order of the Court shall direct the prosecuting authority to request the Illinois State Police Bureau of Forensic Science to submit the unknown fingerprint evidence into the FBI's Integrated Automated Fingerprint Identification System (AIFIS) for identification.
(e) In the court's order to allow testing, the court shall order the investigating authority to prepare an inventory of
the evidence related to the case and issue a copy of the
inventory to the prosecution, the petitioner, and the court.
(f) When a motion is filed to vacate based on favorable
post-conviction testing results, the State may, upon
request, reactivate victim services for the victim of the
during the pendency of the proceedings, and, as determined by
the court after consultation with the victim or victim
advocate, or both, following final adjudication of the case.
(Source: P.A. 102-538, eff. 8-20-21.)
725 ILCS 5/116-4
(725 ILCS 5/116-4)
Preservation of evidence for forensic testing.
(a) Before or after the trial in a prosecution for a violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 or in a prosecution for an offense defined in Article 9
or in a prosecution for an attempt in violation of Section 8-4 of that Code
of any of the above-enumerated
offenses, unless otherwise provided herein under subsection (b) or (c), a law
or an agent acting on behalf of the law enforcement agency shall
preserve, subject to a continuous chain of
in their possession or control that is reasonably likely to contain forensic
including, but not limited to, fingerprints or biological material
secured in relation to a trial and with sufficient
documentation to locate
(b) After a judgment of conviction is entered,
the evidence shall
either be impounded
with the Clerk of the Circuit Court or shall be securely retained by a law
Retention shall be
permanent in cases where a sentence of death is imposed. Retention shall be
completion of the sentence, including the period of mandatory supervised
release for the
offense, or January 1, 2006, whichever is later, for any conviction for an
offense or an attempt of an offense defined
in Article 9 of the Criminal Code of 1961 or the Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 or for 7 years following any conviction for any other felony for which
genetic profile may be taken by a law enforcement agency and submitted for
comparison in a forensic DNA database for unsolved offenses.
(c) After a judgment of conviction is entered, the
required to retain evidence described in subsection
(a) may petition the court
with notice to the
defendant or, in cases where the defendant has died, his estate, his attorney
of record, or an attorney appointed for that purpose by the court
of an order allowing it to dispose of evidence if, after a
hearing, the court
determines by a preponderance of the evidence that:
(1) it has no significant value for forensic science
analysis and should be returned to its rightful owner, destroyed, used for training purposes, or as otherwise provided by law; or
(2) it has no significant value for forensic science
analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the law enforcement agency; or
(3) there no longer exists a reasonable basis to
require the preservation of the evidence because of the death of the defendant; however, this paragraph (3) does not apply if a sentence of death was imposed.
(d) The court may order the disposition of the evidence if the
defendant is allowed
the opportunity to take reasonable measures to remove or preserve portions of
the evidence in
question for future testing.
(d-5) Any order allowing the disposition of evidence pursuant to
shall be a final and appealable order. No evidence shall be disposed of until
30 days after
the order is entered, and if a notice of appeal is filed, no evidence shall be
until the mandate has been received by the circuit court from the appellate
(d-10) All records documenting the possession,
control, storage, and destruction of evidence and all police reports, evidence
control or inventory records, and other reports cited in this Section,
including computer records, must be
retained for as
long as the evidence exists and may not be disposed of without the approval of
(e) In this Section, "law enforcement agency"
includes any of the following or an agent acting on behalf of any of the
a municipal police department, county sheriff's office, any prosecuting
the Illinois State Police, or any other State, university, county,
unit or police force.
"Biological material" includes, but is not limited to, any blood, hair,
saliva, or semen from which
genetic marker groupings may be obtained.
(Source: P.A. 102-538, eff. 8-20-21.)
725 ILCS 5/116-5
(725 ILCS 5/116-5)
Motion for DNA database search (genetic marker
groupings comparison analysis).
(a) Upon motion by a defendant
charged with any offense where
DNA evidence may be material
to the defense investigation or
relevant at trial, a court may
order a DNA database search
by the Illinois State Police. Such analysis may
(1) the genetic profile from forensic evidence that
was secured in relation to the trial against the genetic profile of the defendant,
(2) the genetic profile of items of forensic evidence
secured in relation to trial to the genetic profile of other forensic evidence secured in relation to trial, or
(3) the genetic profiles referred to in subdivisions
(i) genetic profiles of offenders maintained
under subsection (f) of Section 5-4-3 of the Unified Code of Corrections, or
(ii) genetic profiles, including but not limited
to, profiles from unsolved crimes maintained in state or local DNA databases by law enforcement agencies.
(b) If appropriate federal criteria
are met, the court may order the
Illinois State Police to
request the National DNA
index system to search its
database of genetic profiles.
(c) If requested by the defense, a
defense representative shall be
allowed to view any genetic
marker grouping analysis
conducted by the Illinois State Police. The defense
shall be provided with copies of
digital correspondence, notes,
memoranda, and reports
generated in relation to the
(d) Reasonable notice of the
motion shall be served upon the
(Source: P.A. 102-538, eff. 8-20-21.)