Illinois General Assembly - Full Text of Public Act 098-0948
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Public Act 098-0948





Public Act 098-0948
SB2995 EnrolledLRB098 18301 RLC 54878 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 116-3 as follows:
    (725 ILCS 5/116-3)
    Sec. 116-3. Motion for fingerprint, Integrated Ballistic
Identification System, or forensic testing not available at
trial or guilty plea regarding actual innocence.
    (a) A defendant may make a motion before the trial court
that entered the judgment of conviction in his or her case for
the performance of fingerprint, Integrated Ballistic
Identification System, or forensic DNA testing, including
comparison analysis of genetic marker groupings of the evidence
collected by criminal justice agencies pursuant to the alleged
offense, to those of the defendant, to those of other forensic
evidence, and to those maintained under subsection (f) of
Section 5-4-3 of the Unified Code of Corrections, on evidence
that was secured in relation to the trial or guilty plea which
resulted in his or her conviction, and:
        (1) was not subject to the testing which is now
    requested at the time of trial; or
        (2) although previously subjected to testing, can be
    subjected to additional testing utilizing a method that was
    not scientifically available at the time of trial that
    provides a reasonable likelihood of more probative
    results. Reasonable notice of the motion shall be served
    upon the State.
    (b) The defendant must present a prima facie case that:
        (1) identity was the issue in the trial or guilty plea
    which resulted in his or her conviction; and
        (2) the evidence to be tested has been subject to a
    chain of custody sufficient to establish that it has not
    been substituted, tampered with, replaced, or altered in
    any material aspect.
    (c) The trial court shall allow the testing under
reasonable conditions designed to protect the State's
interests in the integrity of the evidence and the testing
process upon a determination that:
        (1) the result of the testing has the scientific
    potential to produce new, noncumulative evidence (i)
    materially relevant to the defendant's assertion of actual
    innocence when the defendant's conviction was the result of
    a trial, even though the results may not completely
    exonerate the defendant, or (ii) that would raise a
    reasonable probability that the defendant would have been
    acquitted if the results of the evidence to be tested had
    been available prior to the defendant's guilty plea and the
    petitioner had proceeded to trial instead of pleading
    guilty, even though the results may not completely
    exonerate the defendant; and
        (2) the testing requested employs a scientific method
    generally accepted within the relevant scientific
    (d) If evidence previously tested pursuant to this Section
reveals an unknown fingerprint from the crime scene that does
not match the defendant or the victim, the order of the Court
shall direct the prosecuting authority to request the Illinois
State Police Bureau of Forensic Science to submit the unknown
fingerprint evidence into the FBI's Integrated Automated
Fingerprint Identification System (AIFIS) for identification.
    (e) In the court's order to allow testing, the court shall
order the investigating authority to prepare an inventory of
the evidence related to the case and issue a copy of the
inventory to the prosecution, the petitioner, and the court.
    (f) When a motion is filed to vacate based on favorable
post-conviction testing results, the State may, upon request,
reactivate victim services for the victim of the crime during
the pendency of the proceedings, and, as determined by the
court after consultation with the victim or victim advocate, or
both, following final adjudication of the case.
(Source: P.A. 95-688, eff. 10-23-07.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2014