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92_HB1843
LRB9203636RCcdA
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by adding Section 115-21 as follows:
6 (725 ILCS 5/115-21 new)
7 Sec. 115-21. Duty to disclose evidence helpful to the
8 defense.
9 (a) In a criminal case, the State shall make timely
10 disclosure to defense counsel, or to the defendant if the
11 defendant is not represented by counsel, of the existence of
12 evidence, known to the State, that is material and tends to
13 negate the guilt of the accused, impeach witnesses whom the
14 State will be calling as witnesses, or mitigate the degree of
15 punishment.
16 (b) Upon motion of the defendant or upon its own motion,
17 if the court determines that the State knowingly failed to
18 comply with subsection (a), the court may grant the defendant
19 a new trial or, if the failure to disclose the evidence to
20 the defendant relates only to an issue relevant to
21 sentencing, the court shall vacate the sentence, conduct
22 another sentencing hearing under Section 5-4-1 of the Unified
23 Code of Corrections, and resentence the defendant.
24 (c) If the court determines that the State unknowingly
25 failed to comply with subsection (a), unless the State can
26 establish, by clear and convincing evidence, that the outcome
27 of the proceeding at issue would have been identical had the
28 withheld information been disclosed, the court shall grant
29 the defendant a new trial or, if the failure to disclose the
30 evidence to the defendant relates only to an issue relevant
31 to sentencing, the court shall vacate the sentence, conduct
-2- LRB9203636RCcdA
1 another sentencing hearing under Section 5-4-1 of the Unified
2 Code of Corrections, and resentence the defendant.
3 (d) This Section applies to all actions initiated on or
4 after January 1, 2002.
5 Section 99. Effective date. This Act takes effect
6 January 1, 2002.