HB4541 98TH GENERAL ASSEMBLY

LRB098 14775 RLC 49696 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4541

Introduced , by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:

725 ILCS 5/114-13

from Ch. 38, par. 114-13

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding Illinois Supreme Court Rules, in a criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. Provides that a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography, so long as the prosecution makes the property or material reasonably available to the defendant. Provides that property or material shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for inspection, viewing, and examination at a government facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.

A BILL FOR

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 114-13 as follows:

(725 ILCS 5/114-13) (from Ch. 38, par. 114-13)

Sec. 114-13. Discovery in criminal cases.

(a) Except as provided in paragraphs (1) and (2) of this subsection (a), discovery Discovery procedures in criminal cases shall be in accordance with Supreme Court Rules.

(1) In a criminal proceeding, any property or material that constitutes child pornography (as defined in Section 11-20.1 of the Criminal Code of 2012) shall remain in the care, custody, and control of either the State or the court.

(2) Notwithstanding Illinois Supreme Court Rule 412, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography (as defined in Section 11-20.1 of the Criminal Code of 2012), so long as the prosecution makes the property or material reasonably available to the defendant. For the purposes of this paragraph (2), property or material shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for inspection, viewing, and examination at a government facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.

(b) Any public investigative, law enforcement, or other public agency responsible for investigating any homicide offense or participating in an investigation of any homicide offense, other than defense investigators, shall provide to the authority prosecuting the offense all investigative material, including but not limited to reports, memoranda, and field notes, that have been generated by or have come into the possession of the investigating agency concerning the homicide offense being investigated. In addition, the investigating agency shall provide to the prosecuting authority any material or information, including but not limited to reports, memoranda, and field notes, within its possession or control that would tend to negate the guilt of the accused of the offense charged or reduce his or her punishment for the homicide offense. Every investigative and law enforcement agency in this State shall adopt policies to ensure compliance with these standards. Any investigative, law enforcement, or other public agency responsible for investigating any "non-homicide felony" offense or participating in an investigation of any "non-homicide felony" offense, other than defense investigators, shall provide to the authority prosecuting the offense all investigative material, including but not limited to reports and memoranda that have been generated by or have come into the possession of the investigating agency concerning the "non-homicide felony" offense being investigated. In addition, the investigating agency shall provide to the prosecuting authority any material or information, including but not limited to reports and memoranda, within its possession or control that would tend to negate the guilt of the accused of the "non-homicide felony" offense charged or reduce his or her punishment for the "non-homicide felony" offense. This obligation to furnish exculpatory evidence exists whether the information was recorded or documented in any form. Every investigative and law enforcement agency in this State shall adopt policies to ensure compliance with these standards.

(Source: P.A. 93-605, eff. 11-19-03.)