SB2737 Engrossed LRB094 18851 RLC 54280 b

1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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 or forensic testing not
8 available at trial regarding actual innocence.
9     (a) A defendant may make a motion before the trial court
10 that entered the judgment of conviction in his or her case for
11 the performance of fingerprint or forensic DNA testing,
12 including comparison analysis of genetic marker groupings of
13 the evidence collected by criminal justice agencies pursuant to
14 the alleged offense, to those of the defendant, to those of
15 other forensic evidence, and to those maintained under
16 subsection (f) of Section 5-4-3 of the Unified Code of
17 Corrections, on evidence that was secured in relation to the
18 trial which resulted in his or her conviction, but which was
19 not subject to the testing which is now requested because the
20 technology for the testing was not available at the time of
21 trial. Reasonable notice of the motion shall be served upon the
22 State.
23     (b) The defendant must present a prima facie case that:
24         (1) identity was the issue in the trial which resulted
25     in his or her conviction; and
26         (2) the evidence to be tested has been subject to a
27     chain of custody sufficient to establish that it has not
28     been substituted, tampered with, replaced, or altered in
29     any material aspect.
30     (c) The trial court shall allow the testing under
31 reasonable conditions designed to protect the State's
32 interests in the integrity of the evidence and the testing



SB2737 Engrossed - 2 - LRB094 18851 RLC 54280 b

1 process upon a determination that:
2         (1) the result of the testing has the scientific
3     potential to produce new, noncumulative evidence
4     materially relevant to the defendant's assertion of actual
5     innocence even though the results may not completely
6     exonerate the defendant;
7         (2) the testing requested employs a scientific method
8     generally accepted within the relevant scientific
9     community; and .
10         (3) when forensic DNA testing is requested, and the
11     testing is to be performed on or after the effective date
12     of this amendatory Act of the 94th General Assembly, the
13     forensic DNA testing shall be performed by an American
14     Society of Crime Laboratory Directors/Laboratory
15     Accreditation Board (ASCLD/LAB) accredited laboratory or
16     an International Organization for Standardization (ISO)
17     accredited laboratory, unless upon written motion and
18     after hearing arguments or evidence, or both, the court may
19     order the DNA testing be performed by a laboratory that is
20     not ASCLD/LAB or ISO accredited.
21 (Source: P.A. 93-605, eff. 11-19-03.)