92nd General Assembly
Summary of SB1050
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Senate Sponsors:
PETKA-DILLARD-HAWKINSON.

House Sponsors:
DANIELS-BIGGINS

Short description: 
CRIMINAL LAW-TECH                                                          

Synopsis of Bill as introduced:
        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.      
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 



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