Comments: IL SB2081 | 2019-2020 | 101st General Assembly

Bill Title: Amends the Code of Criminal Procedure of 1963. Creates the Forensic Science Act. Provides that a convicted person may file a petition for relief based on relevant forensic scientific evidence that was not available to be offered at the convicted person's trial or entry of judgment, plea of guilty, or plea of nolo contendere or that undermines forensic scientific evidence relied upon by the prosecution at trial. Prescribes what shall be included in a petition for relief under the Act. Provides that, upon reviewing a petition, a court shall grant relief to the petitioner if the court finds that, had the forensic scientific evidence been presented at trial or entry of judgment, plea of guilty, or plea of nolo contendere, there is a reasonable likelihood the petitioner would not have been convicted. Provides that, in making a finding as to whether relevant forensic scientific evidence was not ascertainable through the exercise of reasonable diligence on or before a specific date, the court shall consider whether the relevant forensic scientific evidence has changed since the applicable trial date or dates, or date of entry of judgment, plea of guilty, or plea of nolo contendere, for a determination made with respect to an original application, or the date on which the original application or a previously considered application, as applicable, was filed, for a determination made with respect to a subsequent application. Effective July 1, 2019.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-04-12 - Rule 3-9(a) / Re-referred to Assignments [SB2081 Detail]

Text: Latest bill text (Introduced) [HTML]

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