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92_HB1843eng HB1843 Engrossed LRB9203636RCcdA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by adding Section 115-21 as follows: 6 (725 ILCS 5/115-21 new) 7 Sec. 115-21. Duty to disclose evidence helpful to the 8 defense. 9 (a) In a criminal case, the State shall make timely 10 disclosure to the defense counsel, or to the defendant if the 11 defendant is not represented by counsel, of the existence of 12 evidence that is material and tends to negate the guilt of 13 the accused, impeach witnesses whom the State will be calling 14 as witnesses, or mitigate the degree of punishment. 15 (b) If the court determines that evidence, as defined in 16 subsection (a), existed and was not disclosed to the defense 17 counsel, or to the defendant if the defendant is not 18 represented by counsel, and had a tendency to negate the 19 guilt of the accused or impeach State witnesses, then the 20 defendant shall be granted a new trial unless the State can 21 establish by clear and convincing evidence that the outcome 22 of the trial would have been the same. 23 (c) If evidence, as defined in subsection (a), was not 24 disclosed to the defense counsel, or to the defendant if the 25 defendant is not represented by counsel, and relates only to 26 an issue relevant to sentencing, then the court shall vacate 27 the sentence and conduct a new sentencing hearing unless the 28 State can establish by clear and convincing evidence that the 29 sentence was appropriate. 30 (d) This Section does not serve as a substitute for post 31 trial motions allowed under Section 2-1401 of the Code of HB1843 Engrossed -2- LRB9203636RCcdA 1 Civil Procedure. 2 (e) This Section applies to all actions initiated on or 3 after January 1, 2002. 4 Section 99. Effective date. This Act takes effect 5 January 1, 2002.