House Sponsors: DURKIN-OSMOND-WINKEL-BASSI-MEYER, YARBROUGH, CURRIE, LYONS,EILEEN, MULLIGAN, ERWIN, KRAUSE, HOWARD, BURKE, COULSON, MILLER, BEAUBIEN, BRADY, KURTZ, MCAULIFFE AND GILES. Senate Sponsors: HAWKINSON Short description: CRIM PRO-EVIDENCE DISCLOSURE Synopsis of Bill as introduced: Amends the Code of Criminal Procedure of 1963. Provides that in a criminal case, the State shall make timely disclosure to defense counsel, or to the defendant if the defendant is not represented by counsel, of the existence of evidence, known to the State, that is material and tends to negate the guilt of the accused, impeach witnesses whom the State will be calling as witnesses, or mitigate the degree of punishment. Provides that if the State knowingly fails to make timely disclosure of the evidence to the defendant, the court, upon motion of the defendant or upon its own motion, if it makes such a finding, may grant the defendant a new trial (or if the failure to disclose the evidence to the defendant relates only to an issue relevant to sentencing, the court shall vacate the sentence, conduct another sentencing hearing, and shall resentence the defendant). Applies to all actions initiated on or after January 1, 2002. Effective January 1, 2002. HOUSE AMENDMENT NO. 1. Deletes reference to: 725 ILCS 5/115-21 new Adds reference to: 725 ILCS 5/115-8 from Ch. 38, par. 115-8 Deletes everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section that permits the defendant to waive his or her right to be present during trial. HOUSE AMENDMENT NO. 3. Deletes reference to: 725 ILCS 5/115-8 Adds reference to: 725 ILCS 5/115-21 new Deletes everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that in a criminal case, the State shall make timely disclosure to defense counsel, or to the defendant if the defendant is not represented by counsel, of the existence of evidence, that is material and tends to negate the guilt of the accused, impeach witnesses whom the State will be calling as witnesses, or mitigate the degree of punishment. Provides that if the court determines that evidence existed and was not disclosed to the defense counsel or to the defendant and had a tendency to negate the guilt of the accused or impeach State witnesses, then the defendant shall be granted a new trial unless the State can establish by clear and convincing evidence that the outcome of the trial would have been the same. Provides that if the evidence that was not disclosed to the defense counsel or to the defendant relates only to an issue relevant to sentencing, then the court shall vacate the sentence and conduct a new sentencing hearing unless the State can establish by clear and convincing evidence that the sentence was appropriate. Effective January 1, 2002 and applies to all actions initiated on or after that date. Last action on Bill: SESSION SINE DIE Last action date: JAN-07-2003 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status