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90_HB3067ham001
LRB9008848RCksam05
1 AMENDMENT TO HOUSE BILL 3067
2 AMENDMENT NO. . Amend House Bill 3067 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Criminal Procedure of 1963
5 by changing Section 116-3."; 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 changing Section 116-3 as follows:
10 (725 ILCS 5/116-3)
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 (d) Nothing in this Section shall require and a court
20 may not order the collection of new or additional evidence
21 from any source for the purpose of conducting or facilitating
22 the testing referred to in subsection (a) of this Section.
23 Testing under this Section shall be limited to testing on
24 evidence collected before or at the time of the defendant's
25 trial.
26 (e) All testing conducted under this Section shall be
27 conducted at an American Society of Crime Laboratories
28 Directors Laboratory Accreditation Board ("ASCLD Laboratory
29 Accreditation Board") accredited laboratory. All costs and
30 expenses associated with testing conducted at an ASCLD
31 Laboratory Accreditation Board accredited laboratory other
32 than testing conducted by an Illinois State Police Division
33 of Forensic Services Laboratory shall be paid by the party
34 requesting the testing.
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1 (Source: P.A. 90-141, eff. 1-1-98.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.".