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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing Section 116-3 as follows: | ||||||
| 6 | (725 ILCS 5/116-3)
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| 7 | Sec. 116-3. Motion for fingerprint, Integrated Ballistic | ||||||
| 8 | Identification System, or forensic testing not available at
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| 9 | trial regarding
actual innocence.
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| 10 | (a) A defendant may make a motion before the trial court | ||||||
| 11 | that entered the
judgment of conviction in his or her case for | ||||||
| 12 | the performance of fingerprint, Integrated Ballistic | ||||||
| 13 | Identification System, or
forensic DNA testing, including | ||||||
| 14 | comparison analysis of genetic marker
groupings of the evidence | ||||||
| 15 | collected by criminal justice agencies pursuant to
the alleged | ||||||
| 16 | offense, to those of the defendant, to those of other forensic
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| 17 | evidence, and to those maintained
under subsection (f) of | ||||||
| 18 | Section 5-4-3 of the Unified Code of Corrections,
on evidence | ||||||
| 19 | that was secured in relation
to the trial which resulted in his | ||||||
| 20 | or her conviction, and:
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| 21 | (1)
but which was not subject
to the testing which is | ||||||
| 22 | now requested because the technology for the testing
was | ||||||
| 23 | not available at the time of trial; or . Reasonable notice | ||||||
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| 1 | of the motion shall
be served upon the State.
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| 2 | (2) although previously subjected to testing, can be | ||||||
| 3 | subjected to additional testing utilizing a method that was | ||||||
| 4 | not scientifically available at the time of trial that | ||||||
| 5 | provides a reasonable likelihood of more probative | ||||||
| 6 | results.
Reasonable notice of the motion shall be served | ||||||
| 7 | upon the State.
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| 8 | (b) The defendant must present a prima facie case that:
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| 9 | (1) identity was the issue in the trial which resulted | ||||||
| 10 | in his or her
conviction; and
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| 11 | (2) the evidence to be tested has been subject to a | ||||||
| 12 | chain of custody
sufficient to establish that it has not | ||||||
| 13 | been substituted, tampered with,
replaced, or altered in | ||||||
| 14 | any material aspect.
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| 15 | (c) The trial court shall allow the testing under | ||||||
| 16 | reasonable conditions
designed to protect the State's | ||||||
| 17 | interests in the integrity of the evidence and
the testing | ||||||
| 18 | process upon a determination that:
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| 19 | (1) the result of the testing has the scientific | ||||||
| 20 | potential to produce
new, noncumulative evidence | ||||||
| 21 | materially relevant to the defendant's assertion of
actual | ||||||
| 22 | innocence even though the results may not completely | ||||||
| 23 | exonerate the
defendant;
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| 24 | (2) the testing requested employs a scientific method | ||||||
| 25 | generally accepted
within the relevant scientific | ||||||
| 26 | community.
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| 1 | (d) If evidence previously tested pursuant to this Section | ||||||
| 2 | reveals an unknown fingerprint from the crime scene that does | ||||||
| 3 | not match the defendant or the victim, the order of the Court | ||||||
| 4 | shall direct the prosecuting authority to request the Illinois | ||||||
| 5 | State Police Bureau of Forensic Science to submit the unknown | ||||||
| 6 | fingerprint evidence into the FBI's Integrated Automated | ||||||
| 7 | Fingerprint Identification System (AIFIS) for identification.
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| 8 | (Source: P.A. 93-605, eff. 11-19-03.)
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.
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