PETKA-DILLARD-HAWKINSON. (DANIELS-BIGGINS) 725 ILCS 5/110-11 from Ch. 38, par. 110-11 Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning bail on a new trial. SENATE AMENDMENT NO. 1. Deletes reference to: 725 ILCS 5/110-11 Adds reference to: 725 ILCS 5/114-13 from Ch. 38, par. 114-13 725 ILCS 5/122-1 from Ch. 38, par. 122-1 725 ILCS 5/122-2 from Ch. 38, par. 122-2 725 ILCS 5/122-3 from Ch. 38, par. 122-3 725 ILCS 5/122-6.1 new Deletes everything. Amends the Code of Criminal Procedure of 1963. Requires any investigative, law enforcement, or other agency responsible for investigating any felony offense, or participating in an investigation of any felony offense to provide to the authority prosecuting the offense all reports that have been generated by or have come into the possession of the investigating agency concerning the offense being investigated. Also requires the investigating agency to provide to the prosecuting authority any material or information 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 offense, and requires every investigative and law enforcement agency in this State to adopt policies to ensure compliance with these provisions. Provides that under the Constitution of the State of Illinois, an assertion of substantial denial of rights includes, but is not limited to, an independent claim of actual innocence based on newly discovered evidence. Provides that a proceeding on an independent claim of actual innocence based on newly discovered evidence must be commenced within 6 months after the discovery of the new evidence by the defendant and that the petition must set forth the nature of the evidence and demonstrate that: (i) the new evidence was discovered since the defendant's trial; and (ii) the new evidence could not have been discovered prior to trial by the exercise of due diligence. Also provides that an independent claim of actual innocence based on newly discovered evidence is not waived if it is not the original or amended petition. Provides that at a hearing on a petition that asserts an independent claim of actual innocence based on newly discovered evidence, the burden shall be on the defendant to prove his or her actual innocence and requires the defendant to prove his or her actual innocence by clear and convincing evidence. Provides that, in an actual innocence hearing, the court shall make a determination about the reliability and admissibility of the newly discovered evidence and, only if the court finds that the evidence of the defendant's actual innocence is clear and convincing and of such a conclusive character that it would likely change the result of the defendant's trial shall the court order a new trial for the defendant. FEB-22-2001 S FIRST READING FEB-22-2001 S REFERRED TO SENATE RULES COMMITTEE RULES FEB-28-2001 S ASSIGNED TO COMMITTEE JUDICIARY MAR-07-2001 S TO SUBCOMMITTEE MAR-21-2001 S TO SUBCOMMITTEE MAR-22-2001 S SPONSOR REMOVED DILLARD MAR-22-2001 S CHIEF SPONSOR CHANGED TO PETKA MAR-22-2001 S ADDED AS A CHIEF CO-SPONSOR DILLARD MAR-27-2001 S AMENDMENT NO. 01-JUDICIARY S MAR-27-2001 S ADOPTED MAR-28-2001 S DO PASS 011-000-000 SJUD MAR-28-2001 S PLACED ON CALENDAR ORDER OF 2ND READING 01-03-29 MAR-28-2001 S ADDED AS A CHIEF CO-SPONSOR HAWKINSON MAR-30-2001 S SECOND READING MAR-30-2001 S PLACED ON CALENDAR ORDER OF 3RD READING 01-04-02 APR-04-2001 S THIRD READING - PASSED 055-000-000 APR-04-2001 H ARRIVE IN HOUSE APR-04-2001 H HOUSE SPONSOR DURKIN APR-04-2001 H PLACED CALENDAR ORDER OF FIRST READING APR-05-2001 H FIRST READING APR-05-2001 H REFERRED TO HOUSE RULES COMMITTEE RULES APR-06-2001 H ASSIGNED TO COMMITTEE JUD-CRIMINAL APR-06-2001 H ADDED AS A JOINT SPONSOR BIGGINS APR-25-2001 H ALTERNATE PRIMARY SPONSOR CHANGED TO DANIELS MAY-03-2001 H RE-REFERRED TO RULES COMM/RULE 19(A) RULES HRUL JAN-07-2003 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary