Bill Status of SB 2995   98th General Assembly

Short Description:  CRIM PRO-DNA TESTING-MOTIONS

Senate Sponsors
Sen. Kwame Raoul-Donne E. Trotter and Napoleon Harris, III

House Sponsors
(Rep. Arthur Turner)


Last Action  View All Actions

DateChamber Action
  8/15/2014SenatePublic Act . . . . . . . . . 98-0948

Statutes Amended In Order of Appearance
725 ILCS 5/116-3

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Permits inclusion in a defendant's prima facie case for forensic DNA testing of evidence that was not subject to testing at the time of his or her trial or guilty plea that identity was an issue in the investigation that resulted in his or her conviction, even if he or she confessed or admitted to the crime. Provides that upon receipt of a motion for post-conviction DNA testing, the court shall order the State 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. Provides that when a motion is filed to vacate based on favorable post-conviction DNA 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. Effective immediately.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963 concerning a defendant's motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at trial or guilty plea regarding actual innocence. Provides that the motion may be made if the defendant pleads guilty. Provides that 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 the result of the testing has the scientific potential to produce new, noncumulative evidence 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. Provides that 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. Provides that 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. Effective immediately.

Actions 
DateChamber Action
  2/4/2014SenateFiled with Secretary by Sen. Kwame Raoul
  2/4/2014SenateFirst Reading
  2/4/2014SenateReferred to Assignments
  2/19/2014SenateAssigned to Criminal Law
  2/26/2014SenatePostponed - Criminal Law
  3/5/2014SenatePostponed - Criminal Law
  3/19/2014SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter
  3/20/2014SenatePostponed - Criminal Law
  3/26/2014SenateDo Pass Criminal Law; 007-000-000
  3/26/2014SenatePlaced on Calendar Order of 2nd Reading March 27, 2014
  4/7/2014SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  4/7/2014SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/7/2014SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  4/8/2014SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 008-000-000
  4/8/2014SenateSecond Reading
  4/8/2014SenateSenate Floor Amendment No. 1 Adopted; Raoul
  4/8/2014SenatePlaced on Calendar Order of 3rd Reading April 9, 2014
  4/9/2014SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  4/9/2014SenateThird Reading - Passed; 058-000-000
  4/10/2014HouseArrived in House
  4/10/2014HouseChief House Sponsor Rep. Arthur Turner
  4/10/2014HouseFirst Reading
  4/10/2014HouseReferred to Rules Committee
  4/28/2014HouseAssigned to Judiciary
  5/14/2014HouseDo Pass / Short Debate Judiciary; 016-000-000
  5/14/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/15/2014HouseSecond Reading - Short Debate
  5/15/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/20/2014HouseThird Reading - Short Debate - Passed 084-033-000
  5/20/2014SenatePassed Both Houses
  6/18/2014SenateSent to the Governor
  8/15/2014SenateGovernor Approved
  8/15/2014SenateEffective Date August 15, 2014
  8/15/2014SenatePublic Act . . . . . . . . . 98-0948

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