(725 ILCS 5/116‑1)(from Ch. 38, par. 116‑1) Sec. 116‑1. Motion for new trial. (a) Following a verdict or finding of guilty the court may grant the
defendant a new trial. (b) A written motion for a new trial shall be filed by the defendant
within 30 days following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be served upon the State. (c) The motion for a new trial shall specify the grounds therefor. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/116‑2)(from Ch. 38, par. 116‑2) Sec. 116‑2. Motion in arrest of judgment. (a) A written motion in arrest
of judgment shall be filed by the defendant within 30 days following the
entry of a verdict or finding of guilty. Reasonable notice of the motion
shall be served upon the State. (b) The court shall grant the motion when: (1) The indictment, information or complaint does not charge an offense,
or (2) The court is without jurisdiction of the cause. (c) A motion in arrest of judgment attacking the indictment,
information, or complaint on the ground that it does not charge an offense
shall be denied if the indictment, information or complaint apprised the accused of the
precise offense charged with sufficient specificity to prepare his defense
and allow pleading a resulting conviction as a bar to future prosecution
out of the same conduct. (Source: P.A. 86‑391.)
(725 ILCS 5/116‑3) Sec. 116‑3. Motion for fingerprint or forensic testing not available at
trial regarding
actual innocence.
(a) A defendant may make a motion before the trial court that entered the
judgment of conviction in his or her case for the performance of fingerprint or
forensic DNA testing, including comparison analysis of genetic marker
groupings of the evidence collected by criminal justice agencies pursuant to
the alleged offense, to those of the defendant, to those of other forensic
evidence, and to those maintained
under subsection (f) of Section 5‑4‑3 of the Unified Code of Corrections,
on evidence that was secured in relation
to the trial which resulted in his or her conviction, but which was not subject
to the testing which is now requested because the technology for the testing
was not available at the time of trial. Reasonable notice of the motion shall
be served upon the State.
(b) The defendant must present a prima facie case that:
(1) identity was the issue in the trial which
resulted in his or her conviction; and
(2) the evidence to be tested has been subject to a
chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material aspect.
(c) The trial court shall allow the testing under reasonable conditions
designed to protect the State's interests in the integrity of the evidence and
the testing process upon a determination that:
(1) the result of the testing has the scientific
potential to produce new, noncumulative evidence materially relevant to the defendant's assertion of actual innocence even though the results may not completely exonerate the defendant;
(2) the testing requested employs a scientific method
generally accepted within the relevant scientific community.
(Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/116‑4) Sec. 116‑4. Preservation of evidence for forensic testing. (a) Before or after the trial in a prosecution for a violation of
Section 12‑13, 12‑14, 12‑14.1,
12‑15, or 12‑16 of the
Criminal Code of 1961 or in a prosecution for an offense defined in Article 9
of
that Code,
or in a prosecution for an attempt in violation of Section 8‑4 of that Code
of any of the above‑enumerated
offenses, unless otherwise provided herein under subsection (b) or (c), a law
enforcement agency
or an agent acting on behalf of the law enforcement agency shall
preserve, subject to a continuous chain of
custody, any
physical evidence
in their possession or control that is reasonably likely to contain forensic
evidence,
including, but not limited to, fingerprints or biological material
secured in relation to a trial and with sufficient
documentation to locate
that evidence. (b) After a judgment of conviction is entered,
the evidence shall
either be impounded
with the Clerk of the Circuit Court or shall be securely retained by a law
enforcement agency.
Retention shall be
permanent in cases where a sentence of death is imposed. Retention shall be
until the
completion of the sentence, including the period of mandatory supervised
release for the
offense, or January 1, 2006, whichever is later, for any conviction for an
offense or an attempt of an offense defined
in Article 9 of the Criminal Code of 1961 or in Section 12‑13, 12‑14, 12‑14.1,
12‑15, or
12‑16 of the Criminal Code of 1961 or for 7 years following any conviction for any other felony for which
the
defendant's
genetic profile may be taken by a law enforcement agency and submitted for
comparison in a forensic DNA database for unsolved offenses. (c) After a judgment of conviction is entered, the
law
enforcement agency
required to retain evidence described in subsection
(a) may petition the court
with notice to the
defendant or, in cases where the defendant has died, his estate, his attorney
of record, or an attorney appointed for that purpose by the court
for entry
of an order allowing it to dispose of evidence if, after a
hearing, the court
determines by a preponderance of the evidence that: (1) it has no significant value for forensic science
analysis and should be returned to its rightful owner, destroyed, used for training purposes, or as otherwise provided by law; or
(2) it has no significant value for forensic science
analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the law enforcement agency; or
(3) there no longer exists a reasonable basis to
require the preservation of the evidence because of the death of the defendant; however, this paragraph (3) does not apply if a sentence of death was imposed.
(d) The court may order the disposition of the evidence if the
defendant is allowed
the opportunity to take reasonable measures to remove or preserve portions of
the evidence in
question for future testing. (d‑5) Any order allowing the disposition of evidence pursuant to
subsection (c)
or (d)
shall be a final and appealable order. No evidence shall be disposed of until
30 days after
the order is entered, and if a notice of appeal is filed, no evidence shall be
disposed of
until the mandate has been received by the circuit court from the appellate
court. (d‑10) All records documenting the possession,
control, storage, and destruction of evidence and all police reports, evidence
control or inventory records, and other reports cited in this Section,
including computer records, must be
retained for as
long as the evidence exists and may not be disposed of without the approval of
the Local
Records Commission. (e) In this Section, "law enforcement agency"
includes any of the following or an agent acting on behalf of any of the
following:
a municipal police department, county sheriff's office, any prosecuting
authority,
the Department of State Police, or any other State, university, county,
federal, or
municipal police
unit or police force. "Biological material" includes, but is not limited to, any blood, hair,
saliva, or semen from which
genetic marker groupings may be obtained. (Source: P.A. 91‑871, eff. 1‑1‑01; 92‑459, eff. 8‑22‑01.)
(725 ILCS 5/116‑5) Sec. 116‑5. Motion for DNA database search (genetic marker
groupings comparison analysis). (a) Upon motion by a defendant
charged with any offense where
DNA evidence may be material
to the defense investigation or
relevant at trial, a court may
order a DNA database search
by the Department of State
Police. Such analysis may
include comparing: (1) the genetic profile from forensic evidence that
was secured in relation to the trial against the genetic profile of the defendant,
(2) the genetic profile of items of forensic evidence
secured in relation to trial to the genetic profile of other forensic evidence secured in relation to trial, or
(3) the genetic profiles referred to in subdivisions
(1) and (2) against:
(i) genetic profiles of offenders maintained
under subsection (f) of Section 5‑4‑3 of the Unified Code of Corrections, or
(ii) genetic profiles, including but not limited
to, profiles from unsolved crimes maintained in state or local DNA databases by law enforcement agencies.
(b) If appropriate federal criteria
are met, the court may order the
Department of State Police to
request the National DNA
index system to search its
database of genetic profiles.
(c) If requested by the defense, a
defense representative shall be
allowed to view any genetic
marker grouping analysis
conducted by the Department
of State Police. The defense
shall be provided with copies of
all documentation,
correspondence, including
digital correspondence, notes,
memoranda, and reports
generated in relation to the
analysis.
(d) Reasonable notice of the
motion shall be served upon the
State.
(Source: P.A. 93‑605, eff. 11‑19‑03.)
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