Public Act 90-0141 of the 90th General Assembly
Public Act 90-0141
HB2138 Enrolled LRB9005387RCcd
AN ACT in relation to scientific testing, amending named
Acts.
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 adding Section 116-3 as follows:
(725 ILCS 5/116-3 new)
Sec. 116-3. Motion for fingerprint or forensic testing
not available at trial 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 or forensic DNA testing on
evidence that was secured in relation to the trial which
resulted in his or her conviction, but which was not subject
to the testing which is now requested because the technology
for the testing was not available at the time of trial.
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 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
materially relevant to the defendant's assertion of
actual innocence;
(2) the testing requested employs a scientific
method generally accepted within the relevant scientific
community.
Section 7. The Unified Code of Corrections is amended by
changing Section 3-6-3 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a)(1) The Department of Corrections shall prescribe
rules and regulations for the early release on account of
good conduct of persons committed to the Department which
shall be subject to review by the Prisoner Review Board.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after the effective date of this amendatory Act of 1995,
the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive
no good conduct credit and shall serve the entire
sentence imposed by the court;
(ii) that a prisoner serving a sentence for
attempt to commit first degree murder, solicitation
of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault,
aggravated kidnapping, aggravated battery with a
firearm, heinous battery, aggravated battery of a
senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment; and
(iii) that a prisoner serving a sentence for
home invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or
armed violence with a category I weapon or category
II weapon, when the court has made and entered a
finding, pursuant to subsection (c-1) of Section
5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in
great bodily harm to a victim, shall receive no more
than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after the effective
date of this amendatory Act of 1995, the rules and
regulations shall provide that a prisoner who is serving
a term of imprisonment shall receive one day of good
conduct credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each
day of good conduct credit shall reduce by one day the
prisoner's period of imprisonment or recommitment under
Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to
death shall receive no good conduct credit.
(3) The rules and regulations shall also provide
that the Director may award up to 180 days additional
good conduct credit for meritorious service in specific
instances as the Director deems proper; except that no
more than 90 days of good conduct credit for meritorious
service shall be awarded to any prisoner who is serving a
sentence for conviction of first degree murder, reckless
homicide while under the influence of alcohol or any
other drug, aggravated kidnapping, kidnapping, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, deviate sexual
assault, aggravated criminal sexual abuse, aggravated
indecent liberties with a child, indecent liberties with
a child, child pornography, heinous battery, aggravated
battery of a spouse, aggravated battery of a spouse with
a firearm, stalking, aggravated stalking, aggravated
battery of a child, endangering the life or health of a
child, cruelty to a child, or narcotic racketeering.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after the effective date of
this amendatory Act of 1995.
(4) The rules and regulations shall also provide
that the good conduct credit accumulated and retained
under paragraph (2.1) of subsection (a) of this Section
by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse
programs, correctional industry assignments, or
educational programs provided by the Department under
this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before the effective date of this
amendatory Act of 1993 and 1.50 for program participation
on or after that date. However, no inmate shall be
eligible for the additional good conduct credit under
this paragraph (4) while assigned to a boot camp, mental
health unit, or electronic detention, or if convicted of
an offense enumerated in paragraph (a)(2) of this Section
that is committed on or after the effective date of this
amendatory Act of 1995, or first degree murder, a Class X
felony, criminal sexual assault, felony criminal sexual
abuse, aggravated criminal sexual abuse, aggravated
battery with a firearm, or any predecessor or successor
offenses with the same or substantially the same
elements, or any inchoate offenses relating to the
foregoing offenses. No inmate shall be eligible for the
additional good conduct credit under this paragraph (4)
who (i) has previously received increased good conduct
credit under this paragraph (4) and has subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in
an adult correctional facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of
these evaluations to the Governor and the General
Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to
the limits of fiscal resources appropriated by the
General Assembly for these purposes. Eligible inmates
who are denied immediate admission shall be placed on a
waiting list under criteria established by the
Department. The inability of any inmate to become engaged
in any such programs by reason of insufficient program
resources or for any other reason established under the
rules and regulations of the Department shall not be
deemed a cause of action under which the Department or
any employee or agent of the Department shall be liable
for damages to the inmate.
(5) Whenever the Department is to release any
inmate earlier than it otherwise would because of a grant
of good conduct credit for meritorious service given at
any time during the term, the Department shall give
reasonable advance notice of the impending release to the
State's Attorney of the county where the prosecution of
the inmate took place.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and
regulations shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days or
when during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled release.
In those cases, the Department of Corrections may revoke up
to 30 days of good conduct credit. The Board may subsequently
approve the revocation of additional good conduct credit, if
the Department seeks to revoke good conduct credit in excess
of 30 days. However, the Board shall not be empowered to
review the Department's decision with respect to the loss of
30 days of good conduct credit within any calendar year for
any prisoner or to increase any penalty beyond the length
requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days
shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in
excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
the sentence imposed by the court that was not served due to
the accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois
or federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of good conduct
credit by bringing charges against the prisoner sought to be
deprived of the good conduct credits before the Prisoner
Review Board as provided in subparagraph (a)(8) of Section
3-3-2 of this Code. If the prisoner has not accumulated 180
days of good conduct credit at the time of the finding, then
the Prisoner Review Board may revoke all good conduct credit
accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other paper filed by a prisoner in his or her lawsuit
does not meet the following criteria:
(A) it is not being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of
litigation;
(B) the claims, defenses, and other legal
contentions therein are warranted by existing law or
by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(C) the allegations and other factual
contentions have evidentiary support or, if
specifically so identified, are likely to have
evidentiary support after a reasonable opportunity
for further investigation or discovery; and
(D) the denials of factual contentions are
warranted on the evidence or, if specifically so
identified, are reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a petition for post conviction
relief under Article 122 of the Code of Criminal
Procedure of 1963, a motion pursuant to Section 116-3 of
the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act or an action under the
federal Civil Rights Act (42 U.S.C. 1983).
(Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
89-656, eff. 1-1-97.)
Section 10. The Code of Civil Procedure is amended by
changing Section 2-1401 as follows:
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments. (a) Relief from
final orders and judgments, after 30 days from the entry
thereof, may be had upon petition as provided in this
Section. Writs of error coram nobis and coram vobis, bills of
review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds
for such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of
the order or judgment from which relief is sought or of the
proceedings in which it was entered. There shall be no
distinction between actions and other proceedings, statutory
or otherwise, as to availability of relief, grounds for
relief or the relief obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. All parties to the petition shall be notified as
provided by rule.
(c) Except as provided in Section 20b of the Adoption
Act or in a petition based upon Section 116-3 of the Code of
Criminal Procedure of 1963, the petition must be filed not
later than 2 years after the entry of the order or judgment.
Time during which the person seeking relief is under legal
disability or duress or the ground for relief is fraudulently
concealed shall be excluded in computing the period of 2
years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears
from the record proper, the vacation or modification of an
order or judgment pursuant to the provisions of this Section
does not affect the right, title or interest in or to any
real or personal property of any person, not a party to the
original action, acquired for value after the entry of the
order or judgment but before the filing of the petition, nor
affect any right of any person not a party to the original
action under any certificate of sale issued before the filing
of the petition, pursuant to a sale based on the order or
judgment.
(f) Nothing contained in this Section affects any
existing right to relief from a void order or judgment, or to
employ any existing method to procure that relief.
(Source: P.A. 88-550, eff. 7-3-94.)