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| [ Senate Amendment 001 ] |
92_SB0251ham002
LRB9207216RCcdam
1 AMENDMENT TO SENATE BILL 251
2 AMENDMENT NO. . Amend Senate Bill 251 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Sections 122-1, 122-2, and 122-3 and by
6 adding Sections 108-15 and 122-6.1 as follows:
7 (725 ILCS 5/108-15 new)
8 Sec. 108-15. Evidence log. Any investigative, law
9 enforcement, or other agency responsible for investigating
10 any felony offense or participating in an investigation of
11 any felony offense shall establish a log onto which shall be
12 entered a schedule of all evidence and reports, records,
13 memoranda, or other information, authored by that agency or
14 that has come into its possession, whether inculpatory,
15 exculpatory, or neutral. The log shall further specify the
16 location of all such information or physical evidence. The
17 log shall be provided to the authority prosecuting the
18 offense. The investigating agency shall, with specificity,
19 provide to the prosecuting authority any material or
20 information within its possession or control that would tend
21 to negate the guilt of the accused of the offense charged or
22 reduce his or her punishment for the offense. Every
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1 investigative and law enforcement agency in this State shall
2 adopt policies to ensure compliance with these provisions.
3 Intentional failure to comply with the provisions of this
4 Section is a Class A misdemeanor.
5 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
6 Sec. 122-1. Petition in the trial court.
7 (a) Any person imprisoned in the penitentiary who
8 asserts that in the proceedings which resulted in his or her
9 conviction there was a substantial denial of his or her
10 rights under the Constitution of the United States or of the
11 State of Illinois or both may institute a proceeding under
12 this Article. Under the Constitution of the State of
13 Illinois, an assertion of substantial denial of rights
14 pursuant to this Article includes, but is not limited to, an
15 independent claim of actual innocence based on newly
16 discovered evidence.
17 (b) The proceeding shall be commenced by filing with the
18 clerk of the court in which the conviction took place a
19 petition (together with a copy thereof) verified by
20 affidavit. Petitioner shall also serve another copy upon the
21 State's Attorney by any of the methods provided in Rule 7 of
22 the Supreme Court. The clerk shall docket the petition for
23 consideration by the court pursuant to Section 122-2.1 upon
24 his or her receipt thereof and bring the same promptly to the
25 attention of the court.
26 (c) A proceeding on an independent claim of actual
27 innocence based on newly discovered evidence may be commenced
28 at any time after the discovery of the new evidence. No other
29 proceedings under this Article shall be commenced more than 6
30 months after the denial of a petition for leave to appeal or
31 the date for filing such a petition if none is filed or more
32 than 45 days after the defendant files his or her brief in
33 the appeal of the sentence before the Illinois Supreme Court
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1 (or more than 45 days after the deadline for the filing of
2 the defendant's brief with the Illinois Supreme Court if no
3 brief is filed) or 3 years from the date of conviction,
4 whichever is sooner, unless the petitioner alleges facts
5 showing that the delay was not due to his or her culpable
6 negligence.
7 (d) A person seeking relief by filing a petition under
8 this Section must specify in the petition or its heading that
9 it is filed under this Section. A trial court that has
10 received a petition complaining of a conviction or sentence
11 that fails to specify in the petition or its heading that it
12 is filed under this Section need not evaluate the petition to
13 determine whether it could otherwise have stated some grounds
14 for relief under this Article.
15 (e) A proceeding under this Article may not be commenced
16 on behalf of a defendant who has been sentenced to death
17 without the written consent of the defendant, unless the
18 defendant, because of a mental or physical condition, is
19 incapable of asserting his or her own claim.
20 (Source: P.A. 89-284, eff. 1-1-96; 89-609, eff. 1-1-97;
21 89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)
22 (725 ILCS 5/122-2) (from Ch. 38, par. 122-2)
23 Sec. 122-2. Contents of petition.
24 The petition shall identify the proceeding in which the
25 petitioner was convicted, give the date of the rendition of
26 the final judgment complained of, and clearly set forth the
27 respects in which petitioner's constitutional rights were
28 violated. If the petition asserts an independent claim of
29 actual innocence based on newly discovered evidence, it must
30 set forth the nature of the evidence and demonstrate that:
31 (i) the new evidence was discovered since the defendant's
32 trial; and (ii) the new evidence could not have been
33 discovered prior to trial by the exercise of due diligence.
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1 The petition shall have attached thereto affidavits, records,
2 or other evidence supporting its allegations or shall state
3 why the same are not attached. The petition shall identify
4 any previous proceedings that the petitioner may have taken
5 to secure relief from his conviction. Argument and citations
6 and discussion of authorities shall be omitted from the
7 petition.
8 (Source: Laws 1963, p. 2836.)
9 (725 ILCS 5/122-3) (from Ch. 38, par. 122-3)
10 Sec. 122-3. Waiver of claims.
11 Any claim of substantial denial of constitutional rights
12 not raised in the original or an amended petition is waived.
13 This provision does not apply to independent claims of actual
14 innocence based on newly discovered evidence.
15 (Source: Laws 1963, p. 2836.)
16 (725 ILCS 5/122-6.1 new)
17 Sec. 122-6.1. Actual innocence hearing.
18 (a) At a hearing on a petition that asserts an
19 independent claim of actual innocence based on newly
20 discovered evidence, the burden is on the defendant to prove
21 his or her actual innocence. At no time in such a hearing
22 shall the defendant be entitled to a presumption of
23 innocence. It is presumed that the verdict rendered at the
24 trial in which the defendant was convicted was correct, and
25 the burden is on the defendant to rebut this presumption.
26 (b) The defendant, at an actual innocence hearing, must
27 show evidence of such a conclusive character as would
28 probably change the result on retrial.
29 (c) In an actual innocence hearing, the court shall make
30 a determination about the reliability and admissibility of
31 the newly discovered evidence. Only if the court finds that
32 the evidence of the defendant's actual innocence is of such a
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1 conclusive character that it would likely change the result
2 of the defendant's trial shall the court order a new trial
3 for the defendant.".