92nd General Assembly
Status of SB2023
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ROSKAM.

(DANIELS-CROSS-WINKEL)

   725 ILCS 5/114-13         from Ch. 38, par. 114-13                          
   725 ILCS 5/122-1          from Ch. 38, par. 122-1                           
   725 ILCS 5/122-2          from Ch. 38, par. 122-2                           
   725 ILCS 5/122-3          from Ch. 38, par. 122-3                           
   725 ILCS 5/122-6.1 new                                                      

        Amends the Code of Criminal Procedure  of  1963.    Requires  any      
   investigative,  law  enforcement,  or  other  agency  responsible  for      
   investigating  any felony offense or participating in an investigation      
   of any felony offense to provide  to  the  authority  prosecuting  the      
   offense  all reports that have been generated by or have come into the      
   possession of the investigating agency concerning  the  offense  being      
   investigated. Also requires the investigating agency to provide to the      
   prosecuting   authority   any   material  or  information  within  its      
   possession or control that would tend  to  negate  the  guilt  of  the      
   accused of the offense charged or reduce his or her punishment for the      
   offense,  and  requires every investigative and law enforcement agency      
   in this State to  adopt  policies  to  ensure  compliance  with  these      
   provisions.   Provides  that post-conviction relief may be based on an      
   independent claim  of  actual  innocence  based  on  newly  discovered      
   evidence.   Establishes  procedures  for  conducting a hearing on this      
   evidence.                                                                   
        SENATE AMENDMENT NO. 1.                                                
        Provides that a proceeding on  an  independent  claim  of  actual      
   innocence  based on newly discovered evidence must be commenced within      
   2 years (rather than 6 months) after the discovery of the new evidence      
   by the defendant.                                                           
        HOUSE AMENDMENT NO. 2.                                                 
          Deletes reference to:                                                
          725 ILCS 5/114-13                                                    
          725 ILCS 5/122-1                                                     
          725 ILCS 5/122-2                                                     
          725 ILCS 5/122-3                                                     
          725 ILCS 5/122-6.1 new                                               
          Adds reference to:                                                   
          30 ILCS 105/13.2                from Ch. 127, par. 149.2             
          30 ILCS 105/25                  from Ch. 127, par. 161               
        Deletes everything. Amends the State Finance Act.  Provides  that      
   the  State  Treasurer  is authorized to make transfers among line item      
   appropriations from the Capital Litigation Trust Fund, with respect to      
   costs incurred in fiscal years 2002 and 2003 only,  when  the  balance      
   remaining in one or more such line item appropriations is insufficient      
   for the purpose for which the appropriation was made, provided that no      
   such  transfer  may be made unless the amount transferred is no longer      
   required for the  purpose  for  which  that  appropriation  was  made.      
   Provides that, with respect to costs incurred in fiscal years 2002 and      
   2003  only,  payments  may  be  made  by  the State Treasurer from its      
   appropriations from the Capital Litigation Trust Fund  without  regard      
   to any fiscal year limitations. Effective immediately.                      
   FEB-07-2002  S  FIRST READING                                                  
   FEB-07-2002  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   FEB-20-2002  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   FEB-27-2002  S                                 POSTPONED                       
   MAR-06-2002  S       DO PASS                             006-000-003   SJUD    
   MAR-06-2002  S  PLACED ON CALENDAR ORDER OF 2ND READING  02-03-07              
   MAR-14-2002  S  FILED WITH SECRETARY                                           
   MAR-14-2002  S                             AMENDMENT NO. 01-PETKA              
   MAR-14-2002  S                     AMENDMENT REFERRED TO SRUL                  
   APR-03-2002  S                             AMENDMENT NO. 01-PETKA              
   APR-03-2002  S                           RULES REFERS TO SJUD                  
   APR-03-2002  S                             AMENDMENT NO. 01-PETKA              
   APR-03-2002  S             BE APPROVED FOR CONSIDERATION SJUD/009-000-000      
   APR-03-2002  S  SECOND READING                                                 
   APR-03-2002  S                             AMENDMENT NO. 01-PETKA              
   APR-03-2002  S                                   ADOPTED                       
   APR-03-2002  S  PLACED ON CALENDAR ORDER OF 3RD READING  02-04-04              
   APR-04-2002  S  THIRD READING - PASSED                   051-002-001           
   APR-04-2002  H  ARRIVE IN HOUSE                                                
   APR-04-2002  H  HOUSE SPONSOR                            DANIELS               
   APR-04-2002  H  FIRST READING                                                  
   APR-04-2002  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   APR-05-2002  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   APR-11-2002  H  DO PASS/SHORT DEBATE                     009-000-002   HJUB    
   APR-11-2002  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   APR-17-2002  H  ADDED AS A JOINT SPONSOR                 CROSS                 
   MAY-02-2002  H  3RD RDG. DEADLINE EXTENDED-RULE          9(B) TO 05/17/02      
   MAY-02-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-15-2002  H  3RD RDG/PASSAGE DEADLINE EXTENDED-RULE   9(B) TO 5/31/02       
   MAY-15-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-20-2002  H                             AMENDMENT NO. 01-CURRIE             
   MAY-20-2002  H                     AMENDMENT REFERRED TO HRUL                  
   MAY-20-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-21-2002  H                             AMENDMENT NO. 01-CURRIE             
   MAY-21-2002  H                           RULES REFERS TO HJUB                  
   MAY-21-2002  H  SECOND READING-SHORT DEBATE                                    
   MAY-21-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   MAY-23-2002  H                             AMENDMENT NO. 01-CURRIE             
   MAY-23-2002  H  RECOMMENDS BE ADOPTED                    HJUB/009-001-001      
   MAY-23-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   MAY-31-2002  H  RE-REFERRED TO RULES COMM/RULE 19(A)     RULES         HRUL    
   JAN-06-2003  H  APPROVED FOR CONSIDERATION               004-000-000   HRUL    
   JAN-06-2003  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   JAN-06-2003  H                             AMENDMENT NO. 02-CURRIE             
   JAN-06-2003  H                     AMENDMENT REFERRED TO HRUL                  
   JAN-06-2003  H                           RULES REFERS TO HJUB                  
   JAN-06-2003  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   JAN-07-2003  H  ADDED AS A JOINT SPONSOR                 WINKEL                
   JAN-07-2003  H                             AMENDMENT NO. 02-CURRIE             
   JAN-07-2003  H  RECOMMENDS BE ADOPTED                    HJUB/012-000-000      
   JAN-07-2003  H                             AMENDMENT NO. 01-CURRIE             
   JAN-07-2003  H                                 WITHDRAWN                       
   JAN-07-2003  H                             AMENDMENT NO. 02-CURRIE             
   JAN-07-2003  H                                   ADOPTED                       
   JAN-07-2003  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   JAN-07-2003  H  THIRD READING/SHORT DEBATE/PASSED        112-000-000           
   JAN-07-2003  S  SECRETARYS DESK - CONCURRENCE            02                    
   JAN-07-2003  S  SPONSOR REMOVED                          PETKA                 
   JAN-07-2003  S  CHIEF SPONSOR CHANGED TO                 ROSKAM                
   JAN-07-2003  S  FILED WITH SECRETARY                                           
   JAN-07-2003  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 02/ROSKAM             
   JAN-07-2003  S                        MOTION REFERRED TO SRUL                  
   JAN-07-2003  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 02/ROSKAM             
   JAN-07-2003  S             BE APPROVED FOR CONSIDERATION SRUL                  
   JAN-07-2003  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 02/ROSKAM             
   JAN-07-2003  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      02/054-000-000        
   JAN-07-2003  S  PASSED BOTH HOUSES                                             
   JAN-08-2003  S  SENT TO THE GOVERNOR                                           
   JAN-13-2003  S  GOVERNOR APPROVED                                              
   JAN-13-2003  S                            EFFECTIVE DATE 03-01-13              
   JAN-13-2003  S  PUBLIC ACT.............................. 92-0885               

   END OF INQUIRY 



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