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| Public Act 098-0948 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 116-3 as follows: | ||||
(725 ILCS 5/116-3)
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Sec. 116-3. Motion for fingerprint, Integrated Ballistic | ||||
Identification System, or forensic testing not available at
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trial or guilty plea regarding
actual innocence.
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(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
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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:
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(1) was not subject
to the testing which is now | ||||
requested at the time of trial; or
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(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.
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(b) The defendant must present a prima facie case that:
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(1) identity was the issue in the trial or guilty plea | ||
which resulted in his or her
conviction; and
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(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.
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(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:
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(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
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(2) the testing requested employs a scientific method | ||
generally accepted
within the relevant scientific | ||
community.
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(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.
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(e) In the court's order to allow testing, the court shall | ||
order the investigating authority to prepare an inventory of
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the evidence related to the case and issue a copy of the
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inventory to the prosecution, the petitioner, and the court. | ||
(f) When a motion is filed to vacate based on favorable
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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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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