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(725 ILCS 5/116-5)
Sec. 116-5. Motion for DNA database search (genetic marker
groupings comparison analysis).
(a) Upon motion by a defendant
charged with any offense where
DNA evidence may be material
to the defense investigation or
relevant at trial, a court may
order a DNA database search
by the Illinois State Police. Such analysis may
include comparing:
(1) the genetic profile from forensic evidence that |
| was secured in relation to the trial against the genetic profile of the defendant,
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(2) the genetic profile of items of forensic evidence
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| secured in relation to trial to the genetic profile of other forensic evidence secured in relation to trial, or
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(3) the genetic profiles referred to in subdivisions
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(i) genetic profiles of offenders maintained
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| under subsection (f) of Section 5-4-3 of the Unified Code of Corrections, or
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(ii) genetic profiles, including but not limited
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| to, profiles from unsolved crimes maintained in state or local DNA databases by law enforcement agencies.
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(b) If appropriate federal criteria
are met, the court may order the
Illinois State Police to
request the National DNA
index system to search its
database of genetic profiles.
(c) If requested by the defense, a
defense representative shall be
allowed to view any genetic
marker grouping analysis
conducted by the Illinois State Police. The defense
shall be provided with copies of
all documentation,
correspondence, including
digital correspondence, notes,
memoranda, and reports
generated in relation to the
analysis.
(d) Reasonable notice of the
motion shall be served upon the
State.
(Source: P.A. 102-538, eff. 8-20-21.)
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