State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


      725 ILCS 5/102-3          from Ch. 38, par. 102-3
          Amends the Code of Criminal  Procedure  of  1963.   Makes
      grammatical  changes  in Section construing singular, plural,
      masculine, and feminine terms.
HB2138 Enrolled                                LRB9005387RCcd
 1        AN ACT in relation to scientific testing, amending  named
 2    Acts.
 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 adding Section 116-3 as follows:
 7        (725 ILCS 5/116-3 new)
 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 which was not  subject
15    to  the testing which is now requested because the technology
16    for the testing was not  available  at  the  time  of  trial.
17    Reasonable  notice  of  the  motion  shall be served upon the
18    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
HB2138 Enrolled             -2-                LRB9005387RCcd
 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        Section 7.  The Unified Code of Corrections is amended by
 7    changing Section 3-6-3 as follows:
 8        (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
 9        Sec. 3-6-3.  Rules and Regulations for Early Release.
10        (a)(1)  The Department  of  Corrections  shall  prescribe
11        rules and regulations for the early release on account of
12        good conduct of persons committed to the Department which
13        shall be subject to review by the Prisoner Review Board.
14             (2)  The  rules  and  regulations  on  early release
15        shall provide, with respect to offenses committed  on  or
16        after  the effective date of this amendatory Act of 1995,
17        the following:
18                  (i)  that a prisoner who is serving a  term  of
19             imprisonment  for  first degree murder shall receive
20             no good conduct credit and shall  serve  the  entire
21             sentence imposed by the court;
22                  (ii)  that  a  prisoner  serving a sentence for
23             attempt to commit first degree murder,  solicitation
24             of   murder,   solicitation   of  murder  for  hire,
25             intentional homicide of an unborn  child,  predatory
26             criminal  sexual  assault  of  a  child,  aggravated
27             criminal  sexual  assault,  criminal sexual assault,
28             aggravated kidnapping,  aggravated  battery  with  a
29             firearm,  heinous  battery,  aggravated battery of a
30             senior citizen, or aggravated  battery  of  a  child
31             shall  receive no more than 4.5 days of good conduct
32             credit for each month of  his  or  her  sentence  of
HB2138 Enrolled             -3-                LRB9005387RCcd
 1             imprisonment; and
 2                  (iii)  that  a  prisoner serving a sentence for
 3             home invasion, armed robbery,  aggravated  vehicular
 4             hijacking,  aggravated  discharge  of  a firearm, or
 5             armed violence with a category I weapon or  category
 6             II  weapon,  when  the  court has made and entered a
 7             finding, pursuant to  subsection  (c-1)  of  Section
 8             5-4-1  of  this  Code,  that  the conduct leading to
 9             conviction for the enumerated  offense  resulted  in
10             great bodily harm to a victim, shall receive no more
11             than  4.5 days of good conduct credit for each month
12             of his or her sentence of imprisonment.
13             (2.1)  For all offenses, other than those enumerated
14        in subdivision (a)(2) committed on or after the effective
15        date of this  amendatory  Act  of  1995,  the  rules  and
16        regulations  shall provide that a prisoner who is serving
17        a term of imprisonment shall  receive  one  day  of  good
18        conduct  credit  for  each  day of his or her sentence of
19        imprisonment or recommitment under  Section  3-3-9.  Each
20        day  of  good  conduct credit shall reduce by one day the
21        prisoner's period of imprisonment or  recommitment  under
22        Section 3-3-9.
23             (2.2)  A  prisoner  serving  a  term of natural life
24        imprisonment or a prisoner  who  has  been  sentenced  to
25        death shall receive no good conduct credit.
26             (3)  The  rules  and  regulations shall also provide
27        that the Director may award up  to  180  days  additional
28        good  conduct  credit for meritorious service in specific
29        instances as the Director deems proper;  except  that  no
30        more  than 90 days of good conduct credit for meritorious
31        service shall be awarded to any prisoner who is serving a
32        sentence for conviction of first degree murder,  reckless
33        homicide  while  under  the  influence  of alcohol or any
34        other drug, aggravated kidnapping, kidnapping,  predatory
HB2138 Enrolled             -4-                LRB9005387RCcd
 1        criminal  sexual  assault of a child, aggravated criminal
 2        sexual assault, criminal sexual assault,  deviate  sexual
 3        assault,  aggravated  criminal  sexual  abuse, aggravated
 4        indecent liberties with a child, indecent liberties  with
 5        a  child,  child pornography, heinous battery, aggravated
 6        battery of a spouse, aggravated battery of a spouse  with
 7        a  firearm,  stalking,  aggravated  stalking,  aggravated
 8        battery  of  a child, endangering the life or health of a
 9        child, cruelty to  a  child,  or  narcotic  racketeering.
10        Notwithstanding  the  foregoing,  good conduct credit for
11        meritorious service shall not be awarded on a sentence of
12        imprisonment  imposed  for  conviction  of  one  of   the
13        offenses   enumerated  in  subdivision  (a)(2)  when  the
14        offense is committed on or after the  effective  date  of
15        this amendatory Act of 1995.
16             (4)  The  rules  and  regulations shall also provide
17        that the good conduct  credit  accumulated  and  retained
18        under  paragraph  (2.1) of subsection (a) of this Section
19        by any inmate during specific periods of  time  in  which
20        such  inmate  is  engaged  full-time  in  substance abuse
21        programs,   correctional   industry    assignments,    or
22        educational  programs  provided  by  the Department under
23        this  paragraph  (4)  and  satisfactorily  completes  the
24        assigned program as determined by the  standards  of  the
25        Department,  shall  be multiplied by a factor of 1.25 for
26        program participation before the effective date  of  this
27        amendatory Act of 1993 and 1.50 for program participation
28        on  or  after  that  date.    However, no inmate shall be
29        eligible for the additional  good  conduct  credit  under
30        this  paragraph (4) while assigned to a boot camp, mental
31        health unit, or electronic detention, or if convicted  of
32        an offense enumerated in paragraph (a)(2) of this Section
33        that  is committed on or after the effective date of this
34        amendatory Act of 1995, or first degree murder, a Class X
HB2138 Enrolled             -5-                LRB9005387RCcd
 1        felony, criminal sexual assault, felony  criminal  sexual
 2        abuse,   aggravated  criminal  sexual  abuse,  aggravated
 3        battery with a firearm, or any predecessor  or  successor
 4        offenses   with   the  same  or  substantially  the  same
 5        elements,  or  any  inchoate  offenses  relating  to  the
 6        foregoing offenses.  No inmate shall be eligible for  the
 7        additional  good  conduct credit under this paragraph (4)
 8        who (i) has previously received  increased  good  conduct
 9        credit under this paragraph (4) and has subsequently been
10        convicted of a felony, or (ii) has previously served more
11        than  one  prior sentence of imprisonment for a felony in
12        an adult correctional facility.
13             Educational,   vocational,   substance   abuse   and
14        correctional industry programs under which  good  conduct
15        credit may be increased under this paragraph (4) shall be
16        evaluated  by  the  Department on the basis of documented
17        standards.  The Department shall report  the  results  of
18        these   evaluations  to  the  Governor  and  the  General
19        Assembly by September 30th of  each  year.   The  reports
20        shall  include data relating to the recidivism rate among
21        program participants.
22             Availability of these programs shall be  subject  to
23        the  limits  of  fiscal  resources  appropriated  by  the
24        General  Assembly  for  these purposes.  Eligible inmates
25        who are denied immediate admission shall be placed  on  a
26        waiting   list   under   criteria   established   by  the
27        Department. The inability of any inmate to become engaged
28        in any such programs by reason  of  insufficient  program
29        resources  or  for any other reason established under the
30        rules and regulations of  the  Department  shall  not  be
31        deemed  a  cause  of action under which the Department or
32        any employee or agent of the Department shall  be  liable
33        for damages to the inmate.
34             (5)  Whenever  the  Department  is  to  release  any
HB2138 Enrolled             -6-                LRB9005387RCcd
 1        inmate earlier than it otherwise would because of a grant
 2        of  good  conduct credit for meritorious service given at
 3        any time during  the  term,  the  Department  shall  give
 4        reasonable advance notice of the impending release to the
 5        State's  Attorney  of the county where the prosecution of
 6        the inmate took place.
 7        (b)  Whenever a person is or  has  been  committed  under
 8    several  convictions,  with separate sentences, the sentences
 9    shall be  construed  under  Section  5-8-4  in  granting  and
10    forfeiting of good time.
11        (c)  The Department shall prescribe rules and regulations
12    for  revoking  good conduct credit, or suspending or reducing
13    the rate of accumulation of good conduct credit for  specific
14    rule   violations,  during  imprisonment.   These  rules  and
15    regulations shall provide that no  inmate  may  be  penalized
16    more  than  one  year  of  good  conduct  credit  for any one
17    infraction.
18        When the Department seeks to revoke,  suspend  or  reduce
19    the  rate  of accumulation of any good conduct credits for an
20    alleged infraction of  its  rules,  it  shall  bring  charges
21    therefor  against  the  prisoner  sought to be so deprived of
22    good conduct credits before  the  Prisoner  Review  Board  as
23    provided  in  subparagraph  (a)(4)  of  Section 3-3-2 of this
24    Code, if the amount of credit at issue  exceeds  30  days  or
25    when  during  any  12  month period, the cumulative amount of
26    credit revoked exceeds 30 days except where the infraction is
27    committed or discovered within 60 days of scheduled  release.
28    In  those  cases, the Department of Corrections may revoke up
29    to 30 days of good conduct credit. The Board may subsequently
30    approve the revocation of additional good conduct credit,  if
31    the  Department seeks to revoke good conduct credit in excess
32    of 30 days.  However, the Board shall  not  be  empowered  to
33    review  the Department's decision with respect to the loss of
34    30 days of good conduct credit within any calendar  year  for
HB2138 Enrolled             -7-                LRB9005387RCcd
 1    any  prisoner  or  to  increase any penalty beyond the length
 2    requested by the Department.
 3        The  Director  of  the  Department  of  Corrections,   in
 4    appropriate  cases,  may  restore  up to 30 days good conduct
 5    credits which have been revoked, suspended  or  reduced.  Any
 6    restoration  of  good  conduct  credits  in excess of 30 days
 7    shall be subject to review  by  the  Prisoner  Review  Board.
 8    However,  the  Board  may  not restore good conduct credit in
 9    excess of the amount requested by the Director.
10        Nothing contained in  this  Section  shall  prohibit  the
11    Prisoner  Review  Board  from  ordering,  pursuant to Section
12    3-3-9(a)(3)(i)(B), that a prisoner serve up to  one  year  of
13    the  sentence imposed by the court that was not served due to
14    the accumulation of good conduct credit.
15        (d)  If a lawsuit is filed by a prisoner in  an  Illinois
16    or  federal  court  against  the  State,  the  Department  of
17    Corrections,  or the Prisoner Review Board, or against any of
18    their officers or employees, and the court makes  a  specific
19    finding  that a pleading, motion, or other paper filed by the
20    prisoner is frivolous, the Department  of  Corrections  shall
21    conduct  a  hearing  to revoke up to 180 days of good conduct
22    credit by bringing charges against the prisoner sought to  be
23    deprived  of  the  good  conduct  credits before the Prisoner
24    Review Board as provided in subparagraph  (a)(8)  of  Section
25    3-3-2  of  this Code. If the prisoner has not accumulated 180
26    days of good conduct credit at the time of the finding,  then
27    the  Prisoner Review Board may revoke all good conduct credit
28    accumulated by the prisoner.
29        For purposes of this subsection (d):
30             (1)  "Frivolous" means that a pleading,  motion,  or
31        other  paper  filed  by  a prisoner in his or her lawsuit
32        does not meet the following criteria:
33                  (A)  it is not being presented for any improper
34             purpose, such as to harass or to  cause  unnecessary
HB2138 Enrolled             -8-                LRB9005387RCcd
 1             delay   or   needless   increase   in  the  cost  of
 2             litigation;
 3                  (B)  the  claims,  defenses,  and  other  legal
 4             contentions therein are warranted by existing law or
 5             by  a  nonfrivolous  argument  for  the   extension,
 6             modification,  or  reversal  of  existing law or the
 7             establishment of new law;
 8                  (C)  the   allegations   and   other    factual
 9             contentions   have   evidentiary   support   or,  if
10             specifically  so  identified,  are  likely  to  have
11             evidentiary support after a  reasonable  opportunity
12             for further investigation or discovery; and
13                  (D)  the  denials  of  factual  contentions are
14             warranted on the evidence  or,  if  specifically  so
15             identified,  are  reasonably  based  on  a  lack  of
16             information or belief.
17             (2)  "Lawsuit"  means a petition for post conviction
18        relief  under  Article  122  of  the  Code  of   Criminal
19        Procedure  of 1963, a motion pursuant to Section 116-3 of
20        the Code of Criminal Procedure of 1963, a  habeas  corpus
21        action  under Article X of the Code of Civil Procedure or
22        under federal law (28 U.S.C. 2254), a petition for  claim
23        under  the  Court  of  Claims  Act or an action under the
24        federal Civil Rights Act (42 U.S.C. 1983).
25    (Source: P.A. 88-311; 88-402; 88-670, eff.  12-2-94;  89-404,
26    eff.  8-20-95;  89-428,  eff. 12-13-95; 89-462, eff. 5-29-96;
27    89-656, eff. 1-1-97.)
28        Section 10.  The Code of Civil Procedure  is  amended  by
29    changing Section 2-1401 as follows:
30        (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
31        Sec.  2-1401.  Relief  from  judgments.   (a) Relief from
32    final orders and judgments, after  30  days  from  the  entry
HB2138 Enrolled             -9-                LRB9005387RCcd
 1    thereof,  may  be  had  upon  petition  as  provided  in this
 2    Section. Writs of error coram nobis and coram vobis, bills of
 3    review and bills  in  the  nature  of  bills  of  review  are
 4    abolished.   All relief heretofore obtainable and the grounds
 5    for such relief heretofore available, whether by any  of  the
 6    foregoing  remedies or otherwise, shall be available in every
 7    case, by proceedings hereunder, regardless of the  nature  of
 8    the  order  or judgment from which relief is sought or of the
 9    proceedings in which it  was  entered.   There  shall  be  no
10    distinction  between actions and other proceedings, statutory
11    or otherwise, as  to  availability  of  relief,  grounds  for
12    relief or the relief obtainable.
13        (b)  The petition must be filed in the same proceeding in
14    which  the  order  or  judgment   was  entered  but  is not a
15    continuation thereof.  The  petition  must  be  supported  by
16    affidavit  or  other appropriate showing as to matters not of
17    record.  All parties to the petition  shall  be  notified  as
18    provided by rule.
19        (c)  Except  as  provided  in Section 20b of the Adoption
20    Act or in a petition based upon Section 116-3 of the Code  of
21    Criminal  Procedure  of  1963, the petition must be filed not
22    later than 2 years after the entry of the order or  judgment.
23    Time  during  which  the person seeking relief is under legal
24    disability or duress or the ground for relief is fraudulently
25    concealed shall be excluded in  computing  the  period  of  2
26    years.
27        (d)  The filing of a petition under this Section does not
28    affect the order or judgment, or suspend its operation.
29        (e)  Unless  lack  of  jurisdiction affirmatively appears
30    from the record proper, the vacation or  modification  of  an
31    order  or judgment pursuant to the provisions of this Section
32    does not affect the right, title or interest  in  or  to  any
33    real  or  personal property of any person, not a party to the
34    original action, acquired for value after the  entry  of  the
HB2138 Enrolled             -10-               LRB9005387RCcd
 1    order or judgment  but before the filing of the petition, nor
 2    affect  any  right  of any person not a party to the original
 3    action under any certificate of sale issued before the filing
 4    of the petition, pursuant to a sale based  on  the  order  or
 5    judgment.
 6        (f)  Nothing   contained  in  this  Section  affects  any
 7    existing right to relief from a void order or judgment, or to
 8    employ any existing method to procure that relief.
 9    (Source: P.A. 88-550, eff. 7-3-94.)

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