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91_SB1906
LRB9112979RCpkA
1 AN ACT to amend certain Acts in relation to perjury by
2 peace officers.
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 Sections 115-21 and 116-4 as follows:
7 (725 ILCS 5/115-21 new)
8 Sec. 115-21. Perjury by peace officer; new trial. If it
9 is determined by the court during the trial of a capital case
10 that a peace officer has committed perjury during that trial
11 and the perjury is sufficiently material to affect the
12 reliability of the verdict, the court shall grant the
13 defendant a new trial upon that determination. The court may
14 make such a determination on the defendant's oral or written
15 motion or on its own motion and may make such a determination
16 at any time during the course of the trial.
17 (725 ILCS 5/116-4 new)
18 Sec. 116-4. Perjury by peace officer; new trial.
19 Following a verdict or finding of guilty in a capital case,
20 the defendant may file a motion for a new trial on the
21 grounds that a peace officer committed perjury during the
22 defendant's trial. Upon the court determining that a peace
23 officer committed perjury during the defendant's trial and
24 the perjury is sufficiently material to affect the
25 reliability of the verdict, the court shall vacate the
26 verdict or finding of guilty and shall grant the defendant a
27 new trial.
28 Section 10. The Unified Code of Corrections is amended by
29 adding Section 5-4-1.5 as follows:
-2- LRB9112979RCpkA
1 (730 ILCS 5/5-4-1.5 new)
2 Sec. 5-4-1.5. Perjury by peace officer; new trial. If it
3 is determined by the court during sentencing in a capital
4 case that a peace officer has committed perjury during the
5 trial of that case or during the sentencing hearing and the
6 perjury is sufficiently material to affect the reliability of
7 the verdict, then upon that determination the court shall
8 vacate the verdict or finding of guilty and shall grant the
9 defendant a new trial. The court may make such a
10 determination on the defendant's oral or written motion or on
11 its own motion and may make such a determination at any time
12 during the course of the sentencing hearing.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.