Public Act 095-0688
 		





SB1023 Enrolled
LRB095 05898 RLC 25989 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 2. The Illinois Criminal Justice Information Act is 
amended  by adding Section 7.6 as follows:
 
    (20 ILCS 3930/7.6  new)
    Sec. 7.6. Capital Crimes Database.
    (a) Subject to appropriation, a Capital Crimes Database 
shall be created within the Illinois Criminal Justice 
Information Authority (ICJIA).
    (b) The ICJIA shall collect and retain in the Capital 
Crimes Database all information on the prosecution, pendency, 
and disposition of capital and capital eligible cases in 
Illinois.  The Capital Crimes Database shall serve as a 
repository for all of the foregoing collected information.
    (c) The ICJIA shall develop administrative rules to provide 
for the coordination and collection of information in the 
Capital Crimes Database.

    (d)  Agencies required to provide information on capital 
cases to the ICJIA,  as the  ICJIA may request, for the Capital 
Crimes Database shall include, but not be limited to:
        (1)  Office of the Attorney General.

        (2) Illinois Department of Corrections.
        (3) Illinois State Police.
        (4) All county State's Attorneys.
        (5) All county public defenders.
        (6) Office of the State's Attorneys Appellate 
    Prosecutor.
        (7)  Office of the State Appellate Defender.

    (e)  Agencies requested to provide information on capital 
cases to the ICJIA for the Capital Crimes Database shall 
include, but not be limited to:
        (1) Administrative Office of Illinois Courts.
        (2) All county circuit court clerks.
    (f) The ICJIA shall develop procedures and protocols for 
the submission of information relating to capital and capital 
eligible cases to the Database in conjunction with the agencies 
submitting information.

 
    Section 3. The Illinois Police Training Act is amended  by 
changing Section 10.3 as follows:
 



    (50 ILCS 705/10.3)



    Sec. 10.3. Training of police officers to conduct 
electronic
interrogations.
    (a)
 From appropriations made to it for that purpose, the 
Board shall initiate,
administer, and conduct training 
programs for permanent police officers,
part-time police 
officers, and recruits on the methods and technical aspects of

conducting electronic recordings of interrogations.
    (b)  Subject to appropriation, the Board shall develop 
technical guidelines for the mandated recording of custodial 
interrogations in all homicide investigations by law 
enforcement agencies.   These guidelines shall be developed in 
conjunction with law enforcement agencies and technology 
accreditation groups to provide guidance for law enforcement 
agencies in implementing the mandated recording of custodial 
interrogations in all homicide investigations.


(Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03.)

 
    Section 4. The Criminal Code of 1961 is amended  by changing 
Sections 33A-2 and 33A-3 as follows:
 



    (720 ILCS 5/33A-2)  (from Ch. 38, par. 33A-2)



    Sec. 33A-2. Armed violence-Elements of the offense. 

    (a) A person commits armed violence when, while armed with

a dangerous weapon, he commits any felony defined by
Illinois 
Law, except first degree murder, attempted first degree murder,

intentional
homicide of an unborn child, second degree murder, 
involuntary manslaughter, reckless homicide, predatory 
criminal sexual assault of a child,
aggravated criminal sexual 
assault, aggravated kidnaping, aggravated battery of
a child, 
home invasion, or any offense that makes the possession or use 
of a dangerous weapon either an element of the base offense, an 
aggravated or enhanced version of the offense, or a mandatory 
sentencing factor that increases the sentencing range
armed 
robbery, or aggravated vehicular hijacking.

    (b) A person commits armed violence when he or she 
personally discharges a
firearm that is a Category I or 
Category II weapon while committing any felony
defined by

Illinois law, except first degree murder, attempted first 
degree murder,
intentional homicide of an unborn child, second 
degree murder, involuntary manslaughter, reckless homicide,

predatory criminal sexual assault of a
child, aggravated 
criminal sexual assault, aggravated kidnaping, aggravated

battery of a child, home invasion, or any offense that makes 
the possession or use of a dangerous weapon either an element 
of the base offense, an aggravated or enhanced version of the 
offense, or a mandatory sentencing factor that increases the 
sentencing range
armed robbery, or aggravated vehicular

hijacking.

    (c) A person commits armed violence when he or she 
personally discharges a
firearm that is a Category I or 
Category II weapon that proximately causes
great bodily harm,

permanent disability, or permanent disfigurement or death to 
another person
while committing any felony defined by Illinois 
law, except first degree
murder, attempted first degree murder, 
intentional homicide of an unborn child,
second degree murder, 
involuntary manslaughter, reckless homicide, predatory 
criminal sexual assault of a child, aggravated criminal sexual

assault, aggravated kidnaping, aggravated battery of a child, 
home invasion,
or any offense that makes the possession or use 
of a dangerous weapon either an element of the base offense, an 
aggravated or enhanced version of the offense, or a mandatory 
sentencing factor that increases the sentencing range
armed 
robbery, or aggravated vehicular hijacking.

    (d) This Section does not apply to violations of the Fish 
and Aquatic Life
Code or the Wildlife Code.

(Source: P.A. 91-404, eff. 1-1-00.)

 



    (720 ILCS 5/33A-3)  (from Ch. 38, par. 33A-3)


    Sec. 33A-3. Sentence. 

    (a) Violation of Section 33A-2(a) with a
Category I weapon 
is a Class X felony for which the defendant shall be
sentenced 
to a minimum term of imprisonment of 15 years.

    (a-5) Violation of Section 33A-2(a) with a Category II 
weapon
is a Class X
felony for which the defendant shall be 
sentenced to a minimum term of
imprisonment of 10 years.

    (b) Violation of Section 33A-2(a)
with a Category III 
weapon is a Class 2 felony or the felony
classification 
provided for the same act while unarmed, whichever
permits the 
greater penalty.   A second or subsequent violation of
Section 
33A-2(a) with a Category III weapon is a Class 1 felony
or the 
felony classification provided for the same act while unarmed, 
whichever
permits the greater penalty.

    (b-5) Violation of Section 33A-2(b) with a firearm that is 
a Category I or
Category II
weapon is a Class X felony for 
which the defendant shall be sentenced to a
minimum term of 
imprisonment of 20 years.

    (b-10) Violation of Section 33A-2(c) with a firearm that is 
a Category I or
Category II
weapon is a Class X felony for 
which the defendant shall be sentenced to a
term of 
imprisonment of not less than 25 years nor more than 40 years.

    (c) Unless sentencing under Section 33B-1 is applicable, 
any person who
violates subsection (a) or (b) of Section 33A-2 
with a
firearm, when that person has been convicted in any 
state or federal court
of 3 or more of the following offenses: 
treason, first degree murder, second
degree murder, predatory 
criminal sexual assault of a child, aggravated
criminal sexual 
assault, criminal sexual assault,
robbery, burglary, arson, 
kidnaping, aggravated battery resulting in great
bodily harm or 
permanent disability or disfigurement, a violation of the 
Methamphetamine Control and Community Protection Act, or a 
violation of Section
401(a) of the Illinois Controlled 
Substances Act,
when the third offense was committed after 
conviction on the second, the second
offense was committed 
after conviction on the first, and the violation of
Section 
33A-2 was committed after conviction on the third, shall be 
sentenced
to a term of imprisonment of not less than 25 years 
nor more than 50
years.

    (c-5) Except as otherwise provided in paragraph (b-10) or 
(c) of this
Section, a person who violates Section 33A-2(a) 
with a firearm that is a
Category I weapon or
Section 33A-2(b) 
in any school, in any conveyance owned, leased, or contracted

by a school to transport students to or from school or a school 
related
activity, or on the real property comprising any school 
or public park, and
where
the offense was related to the 
activities of an organized gang, shall be
sentenced to a term 
of imprisonment of not less than the term set forth in

subsection (a) or (b-5) of this Section, whichever is 
applicable, and not more
than 30 years.  For the purposes of 
this subsection (c-5), "organized gang" has
the meaning 
ascribed to it in Section 10 of the Illinois Streetgang 
Terrorism
Omnibus Prevention Act.

    (d) For armed violence based upon a predicate offense 
listed in this
subsection (d) the court
shall enter the 
sentence for armed violence to run consecutively to the

sentence imposed for the predicate offense. The offenses 
covered by this
provision are:


        (i) solicitation of murder,


        (ii) solicitation of murder for hire,


        (iii) heinous battery,


        (iv) aggravated battery of a senior citizen,


        (v) (blank)
criminal sexual assault,


        (vi) a violation of subsection (g) of  Section 5 of the 
    Cannabis Control
Act,


        (vii) cannabis trafficking,


        (viii) a violation of subsection (a) of Section 401 of 
    the Illinois
Controlled Substances Act,


        (ix) controlled substance trafficking involving a 
    Class X felony amount of
controlled substance under Section 
    401 of the Illinois Controlled Substances
Act,


        (x) calculated criminal drug conspiracy,


        (xi) streetgang criminal drug conspiracy, or
        (xii) a violation of the Methamphetamine Control and 
    Community Protection Act.


(Source: P.A. 94-556, eff. 9-11-05.)

 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 116-3 as follows:
 
    (725 ILCS 5/116-3)

    Sec. 116-3. Motion for fingerprint, Integrated Ballistic 
Identification System,  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, Integrated Ballistic 
Identification System, 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, and:

        (1)
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; or .  Reasonable notice 
    of the motion shall
be served upon the State.


        (2) although previously subjected to testing, can be 
    subjected to additional testing utilizing a method that was 
    not scientifically available at the time of trial that 
    provides a reasonable likelihood of more probative 
    results.

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.


    (d) If evidence previously tested pursuant to this Section 
reveals an unknown fingerprint from the crime scene that does 
not match the defendant or the victim, the order of the Court 
shall direct the prosecuting authority to request the Illinois 
State Police Bureau of Forensic Science to submit the unknown 
fingerprint evidence into the FBI's Integrated Automated 
Fingerprint Identification System (AIFIS) for identification.

(Source: P.A. 93-605, eff. 11-19-03.)


 

    Section 99. Effective date. This Act takes effect upon 
becoming law.