92nd General Assembly
Summary of HB1843
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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 




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