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90_HB2138ham001
LRB9005387WHmgam04
1 AMENDMENT TO HOUSE BILL 2138
2 AMENDMENT NO. . Amend House Bill 2138 by replacing
3 the title with the following:
4 "AN ACT in relation to scientific testing, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Criminal Procedure of 1963 is
9 amended by adding Section 116-3 as follows:
10 (725 ILCS 5/116-3 new)
11 Sec. 116-3. Motion for fingerprint or forensic testing
12 not available at trial regarding actual innocence.
13 (a) A defendant may make a motion before the trial court
14 that entered the judgment of conviction in his or her case
15 for the performance of fingerprint or forensic DNA testing on
16 evidence that was secured in relation to the trial which
17 resulted in his or her conviction, but which was not subject
18 to the testing which is now requested because the technology
19 for the testing was not available at the time of trial.
20 Reasonable notice of the motion shall be served upon the
21 State.
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1 (b) The defendant must present a prima facie case that:
2 (1) identity was the issue in the trial which
3 resulted in his or her conviction; and
4 (2) the evidence to be tested has been subject to a
5 chain of custody sufficient to establish that it has not
6 been substituted, tampered with, replaced, or altered in
7 any material aspect.
8 (c) The trial court shall allow the testing under
9 reasonable conditions designed to protect the State's
10 interests in the integrity of the evidence and the testing
11 process upon a determination that:
12 (1) the result of the testing has the scientific
13 potential to produce new, noncumulative evidence
14 materially relevant to the defendant's assertion of
15 actual innocence;
16 (2) the testing requested employs a scientific
17 method generally accepted within the relevant scientific
18 community.
19 Section 7. The Unified Code of Corrections is amended by
20 changing Section 3-6-3 as follows:
21 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
22 Sec. 3-6-3. Rules and Regulations for Early Release.
23 (a)(1) The Department of Corrections shall prescribe
24 rules and regulations for the early release on account of
25 good conduct of persons committed to the Department which
26 shall be subject to review by the Prisoner Review Board.
27 (2) The rules and regulations on early release
28 shall provide, with respect to offenses committed on or
29 after the effective date of this amendatory Act of 1995,
30 the following:
31 (i) that a prisoner who is serving a term of
32 imprisonment for first degree murder shall receive
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1 no good conduct credit and shall serve the entire
2 sentence imposed by the court;
3 (ii) that a prisoner serving a sentence for
4 attempt to commit first degree murder, solicitation
5 of murder, solicitation of murder for hire,
6 intentional homicide of an unborn child, predatory
7 criminal sexual assault of a child, aggravated
8 criminal sexual assault, criminal sexual assault,
9 aggravated kidnapping, aggravated battery with a
10 firearm, heinous battery, aggravated battery of a
11 senior citizen, or aggravated battery of a child
12 shall receive no more than 4.5 days of good conduct
13 credit for each month of his or her sentence of
14 imprisonment; and
15 (iii) that a prisoner serving a sentence for
16 home invasion, armed robbery, aggravated vehicular
17 hijacking, aggravated discharge of a firearm, or
18 armed violence with a category I weapon or category
19 II weapon, when the court has made and entered a
20 finding, pursuant to subsection (c-1) of Section
21 5-4-1 of this Code, that the conduct leading to
22 conviction for the enumerated offense resulted in
23 great bodily harm to a victim, shall receive no more
24 than 4.5 days of good conduct credit for each month
25 of his or her sentence of imprisonment.
26 (2.1) For all offenses, other than those enumerated
27 in subdivision (a)(2) committed on or after the effective
28 date of this amendatory Act of 1995, the rules and
29 regulations shall provide that a prisoner who is serving
30 a term of imprisonment shall receive one day of good
31 conduct credit for each day of his or her sentence of
32 imprisonment or recommitment under Section 3-3-9. Each
33 day of good conduct credit shall reduce by one day the
34 prisoner's period of imprisonment or recommitment under
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1 Section 3-3-9.
2 (2.2) A prisoner serving a term of natural life
3 imprisonment or a prisoner who has been sentenced to
4 death shall receive no good conduct credit.
5 (3) The rules and regulations shall also provide
6 that the Director may award up to 180 days additional
7 good conduct credit for meritorious service in specific
8 instances as the Director deems proper; except that no
9 more than 90 days of good conduct credit for meritorious
10 service shall be awarded to any prisoner who is serving a
11 sentence for conviction of first degree murder, reckless
12 homicide while under the influence of alcohol or any
13 other drug, aggravated kidnapping, kidnapping, predatory
14 criminal sexual assault of a child, aggravated criminal
15 sexual assault, criminal sexual assault, deviate sexual
16 assault, aggravated criminal sexual abuse, aggravated
17 indecent liberties with a child, indecent liberties with
18 a child, child pornography, heinous battery, aggravated
19 battery of a spouse, aggravated battery of a spouse with
20 a firearm, stalking, aggravated stalking, aggravated
21 battery of a child, endangering the life or health of a
22 child, cruelty to a child, or narcotic racketeering.
23 Notwithstanding the foregoing, good conduct credit for
24 meritorious service shall not be awarded on a sentence of
25 imprisonment imposed for conviction of one of the
26 offenses enumerated in subdivision (a)(2) when the
27 offense is committed on or after the effective date of
28 this amendatory Act of 1995.
29 (4) The rules and regulations shall also provide
30 that the good conduct credit accumulated and retained
31 under paragraph (2.1) of subsection (a) of this Section
32 by any inmate during specific periods of time in which
33 such inmate is engaged full-time in substance abuse
34 programs, correctional industry assignments, or
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1 educational programs provided by the Department under
2 this paragraph (4) and satisfactorily completes the
3 assigned program as determined by the standards of the
4 Department, shall be multiplied by a factor of 1.25 for
5 program participation before the effective date of this
6 amendatory Act of 1993 and 1.50 for program participation
7 on or after that date. However, no inmate shall be
8 eligible for the additional good conduct credit under
9 this paragraph (4) while assigned to a boot camp, mental
10 health unit, or electronic detention, or if convicted of
11 an offense enumerated in paragraph (a)(2) of this Section
12 that is committed on or after the effective date of this
13 amendatory Act of 1995, or first degree murder, a Class X
14 felony, criminal sexual assault, felony criminal sexual
15 abuse, aggravated criminal sexual abuse, aggravated
16 battery with a firearm, or any predecessor or successor
17 offenses with the same or substantially the same
18 elements, or any inchoate offenses relating to the
19 foregoing offenses. No inmate shall be eligible for the
20 additional good conduct credit under this paragraph (4)
21 who (i) has previously received increased good conduct
22 credit under this paragraph (4) and has subsequently been
23 convicted of a felony, or (ii) has previously served more
24 than one prior sentence of imprisonment for a felony in
25 an adult correctional facility.
26 Educational, vocational, substance abuse and
27 correctional industry programs under which good conduct
28 credit may be increased under this paragraph (4) shall be
29 evaluated by the Department on the basis of documented
30 standards. The Department shall report the results of
31 these evaluations to the Governor and the General
32 Assembly by September 30th of each year. The reports
33 shall include data relating to the recidivism rate among
34 program participants.
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1 Availability of these programs shall be subject to
2 the limits of fiscal resources appropriated by the
3 General Assembly for these purposes. Eligible inmates
4 who are denied immediate admission shall be placed on a
5 waiting list under criteria established by the
6 Department. The inability of any inmate to become engaged
7 in any such programs by reason of insufficient program
8 resources or for any other reason established under the
9 rules and regulations of the Department shall not be
10 deemed a cause of action under which the Department or
11 any employee or agent of the Department shall be liable
12 for damages to the inmate.
13 (5) Whenever the Department is to release any
14 inmate earlier than it otherwise would because of a grant
15 of good conduct credit for meritorious service given at
16 any time during the term, the Department shall give
17 reasonable advance notice of the impending release to the
18 State's Attorney of the county where the prosecution of
19 the inmate took place.
20 (b) Whenever a person is or has been committed under
21 several convictions, with separate sentences, the sentences
22 shall be construed under Section 5-8-4 in granting and
23 forfeiting of good time.
24 (c) The Department shall prescribe rules and regulations
25 for revoking good conduct credit, or suspending or reducing
26 the rate of accumulation of good conduct credit for specific
27 rule violations, during imprisonment. These rules and
28 regulations shall provide that no inmate may be penalized
29 more than one year of good conduct credit for any one
30 infraction.
31 When the Department seeks to revoke, suspend or reduce
32 the rate of accumulation of any good conduct credits for an
33 alleged infraction of its rules, it shall bring charges
34 therefor against the prisoner sought to be so deprived of
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1 good conduct credits before the Prisoner Review Board as
2 provided in subparagraph (a)(4) of Section 3-3-2 of this
3 Code, if the amount of credit at issue exceeds 30 days or
4 when during any 12 month period, the cumulative amount of
5 credit revoked exceeds 30 days except where the infraction is
6 committed or discovered within 60 days of scheduled release.
7 In those cases, the Department of Corrections may revoke up
8 to 30 days of good conduct credit. The Board may subsequently
9 approve the revocation of additional good conduct credit, if
10 the Department seeks to revoke good conduct credit in excess
11 of 30 days. However, the Board shall not be empowered to
12 review the Department's decision with respect to the loss of
13 30 days of good conduct credit within any calendar year for
14 any prisoner or to increase any penalty beyond the length
15 requested by the Department.
16 The Director of the Department of Corrections, in
17 appropriate cases, may restore up to 30 days good conduct
18 credits which have been revoked, suspended or reduced. Any
19 restoration of good conduct credits in excess of 30 days
20 shall be subject to review by the Prisoner Review Board.
21 However, the Board may not restore good conduct credit in
22 excess of the amount requested by the Director.
23 Nothing contained in this Section shall prohibit the
24 Prisoner Review Board from ordering, pursuant to Section
25 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
26 the sentence imposed by the court that was not served due to
27 the accumulation of good conduct credit.
28 (d) If a lawsuit is filed by a prisoner in an Illinois
29 or federal court against the State, the Department of
30 Corrections, or the Prisoner Review Board, or against any of
31 their officers or employees, and the court makes a specific
32 finding that a pleading, motion, or other paper filed by the
33 prisoner is frivolous, the Department of Corrections shall
34 conduct a hearing to revoke up to 180 days of good conduct
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1 credit by bringing charges against the prisoner sought to be
2 deprived of the good conduct credits before the Prisoner
3 Review Board as provided in subparagraph (a)(8) of Section
4 3-3-2 of this Code. If the prisoner has not accumulated 180
5 days of good conduct credit at the time of the finding, then
6 the Prisoner Review Board may revoke all good conduct credit
7 accumulated by the prisoner.
8 For purposes of this subsection (d):
9 (1) "Frivolous" means that a pleading, motion, or
10 other paper filed by a prisoner in his or her lawsuit
11 does not meet the following criteria:
12 (A) it is not being presented for any improper
13 purpose, such as to harass or to cause unnecessary
14 delay or needless increase in the cost of
15 litigation;
16 (B) the claims, defenses, and other legal
17 contentions therein are warranted by existing law or
18 by a nonfrivolous argument for the extension,
19 modification, or reversal of existing law or the
20 establishment of new law;
21 (C) the allegations and other factual
22 contentions have evidentiary support or, if
23 specifically so identified, are likely to have
24 evidentiary support after a reasonable opportunity
25 for further investigation or discovery; and
26 (D) the denials of factual contentions are
27 warranted on the evidence or, if specifically so
28 identified, are reasonably based on a lack of
29 information or belief.
30 (2) "Lawsuit" means a petition for post conviction
31 relief under Article 122 of the Code of Criminal
32 Procedure of 1963, a motion pursuant to Section 116-3 of
33 the Code of Criminal Procedure of 1963, a habeas corpus
34 action under Article X of the Code of Civil Procedure or
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1 under federal law (28 U.S.C. 2254), a petition for claim
2 under the Court of Claims Act or an action under the
3 federal Civil Rights Act (42 U.S.C. 1983).
4 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
5 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
6 89-656, eff. 1-1-97.)
7 Section 10. The Code of Civil Procedure is amended by
8 changing Section 2-1401 as follows:
9 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
10 Sec. 2-1401. Relief from judgments. (a) Relief from
11 final orders and judgments, after 30 days from the entry
12 thereof, may be had upon petition as provided in this
13 Section. Writs of error coram nobis and coram vobis, bills of
14 review and bills in the nature of bills of review are
15 abolished. All relief heretofore obtainable and the grounds
16 for such relief heretofore available, whether by any of the
17 foregoing remedies or otherwise, shall be available in every
18 case, by proceedings hereunder, regardless of the nature of
19 the order or judgment from which relief is sought or of the
20 proceedings in which it was entered. There shall be no
21 distinction between actions and other proceedings, statutory
22 or otherwise, as to availability of relief, grounds for
23 relief or the relief obtainable.
24 (b) The petition must be filed in the same proceeding in
25 which the order or judgment was entered but is not a
26 continuation thereof. The petition must be supported by
27 affidavit or other appropriate showing as to matters not of
28 record. All parties to the petition shall be notified as
29 provided by rule.
30 (c) Except as provided in Section 20b of the Adoption
31 Act or in a petition based upon Section 116-3 of the Code of
32 Criminal Procedure of 1963, the petition must be filed not
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1 later than 2 years after the entry of the order or judgment.
2 Time during which the person seeking relief is under legal
3 disability or duress or the ground for relief is fraudulently
4 concealed shall be excluded in computing the period of 2
5 years.
6 (d) The filing of a petition under this Section does not
7 affect the order or judgment, or suspend its operation.
8 (e) Unless lack of jurisdiction affirmatively appears
9 from the record proper, the vacation or modification of an
10 order or judgment pursuant to the provisions of this Section
11 does not affect the right, title or interest in or to any
12 real or personal property of any person, not a party to the
13 original action, acquired for value after the entry of the
14 order or judgment but before the filing of the petition, nor
15 affect any right of any person not a party to the original
16 action under any certificate of sale issued before the filing
17 of the petition, pursuant to a sale based on the order or
18 judgment.
19 (f) Nothing contained in this Section affects any
20 existing right to relief from a void order or judgment, or to
21 employ any existing method to procure that relief.
22 (Source: P.A. 88-550, eff. 7-3-94.)".