|
|
Sen. John J. Cullerton
Filed: 5/22/2007
|
|
09500SB1023sam001 |
|
LRB095 05898 RLC 36635 a |
|
|
| 1 |
| AMENDMENT TO SENATE BILL 1023
|
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1023 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 Section 116-3 as follows:
|
| 6 |
| (725 ILCS 5/116-3)
|
| 7 |
| Sec. 116-3. Motion for fingerprint, Integrated Ballistic |
| 8 |
| Identification System, or forensic testing not available at
|
| 9 |
| trial regarding
actual innocence.
|
| 10 |
| (a) A defendant may make a motion before the trial court |
| 11 |
| that entered the
judgment of conviction in his or her case for |
| 12 |
| the performance of fingerprint, Integrated Ballistic |
| 13 |
| Identification System, or
forensic DNA testing, including |
| 14 |
| comparison analysis of genetic marker
groupings of the evidence |
| 15 |
| collected by criminal justice agencies pursuant to
the alleged |
| 16 |
| offense, to those of the defendant, to those of other forensic
|
|
|
|
09500SB1023sam001 |
- 2 - |
LRB095 05898 RLC 36635 a |
|
|
| 1 |
| evidence, and to those maintained
under subsection (f) of |
| 2 |
| Section 5-4-3 of the Unified Code of Corrections,
on evidence |
| 3 |
| that was secured in relation
to the trial which resulted in his |
| 4 |
| or her conviction, and:
|
| 5 |
| (1)
but which was not subject
to the testing which is |
| 6 |
| now requested because the technology for the testing
was |
| 7 |
| not available at the time of trial; or . Reasonable notice |
| 8 |
| of the motion shall
be served upon the State.
|
| 9 |
| (2) although previously subjected to testing, can be |
| 10 |
| subjected to additional testing utilizing a method that was |
| 11 |
| not scientifically available at the time of trial that |
| 12 |
| provides a reasonable likelihood of more probative |
| 13 |
| results.
Reasonable notice of the motion shall be served |
| 14 |
| upon the State.
|
| 15 |
| (b) The defendant must present a prima facie case that:
|
| 16 |
| (1) identity was the issue in the trial which resulted |
| 17 |
| in his or her
conviction; and
|
| 18 |
| (2) the evidence to be tested has been subject to a |
| 19 |
| chain of custody
sufficient to establish that it has not |
| 20 |
| been substituted, tampered with,
replaced, or altered in |
| 21 |
| any material aspect.
|
| 22 |
| (c) The trial court shall allow the testing under |
| 23 |
| reasonable conditions
designed to protect the State's |
| 24 |
| interests in the integrity of the evidence and
the testing |
| 25 |
| process upon a determination that:
|
| 26 |
| (1) the result of the testing has the scientific |
|
|
|
09500SB1023sam001 |
- 3 - |
LRB095 05898 RLC 36635 a |
|
|
| 1 |
| potential to produce
new, noncumulative evidence |
| 2 |
| materially relevant to the defendant's assertion of
actual |
| 3 |
| innocence even though the results may not completely |
| 4 |
| exonerate the
defendant;
|
| 5 |
| (2) the testing requested employs a scientific method |
| 6 |
| generally accepted
within the relevant scientific |
| 7 |
| community.
|
| 8 |
| (d) If evidence previously tested pursuant to this Section |
| 9 |
| reveals an unknown fingerprint from the crime scene that does |
| 10 |
| not match the defendant or the victim, the order of the Court |
| 11 |
| shall direct the prosecuting authority to request the Illinois |
| 12 |
| State Police Bureau of Forensic Science to submit the unknown |
| 13 |
| fingerprint evidence into the FBI's Integrated Automated |
| 14 |
| Fingerprint Identification System (AIFIS) for identification.
|
| 15 |
| (Source: P.A. 93-605, eff. 11-19-03.)
|
| 16 |
| Section 99. Effective date. This Act takes effect upon |
| 17 |
| becoming law.".
|