Illinois 94th Regular Session Status: Enacted

SB 2737 — CRIM PRO-FORENSIC TESTING

Last action — Public Act . . . . . . . . . 94-1113

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2006. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Code of Criminal Procedure of 1963. Provides that forensic testing of evidence that was secured in relation to the trial which resulted in the defendant's 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 may be allowed by the court if in addition to the other factors required by law the testing is performed by an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD) accredited laboratory or an International Standards Organization (ISO) accredited laboratory.

Bill Text

What changed in the latest version

116 added · 52 removed

Plain-language change summary

The recent amendment to Bill SB 2737 introduces significant changes, particularly by adding a section focused on civil actions for individuals who have been compelled to confess or retaliated against. This allows those affected to seek damages or equitable relief without needing a prior criminal conviction related to the confession or retaliation. This change matters because it empowers individuals to pursue justice outside of the criminal prosecution system, ensuring they have a legal avenue to address violations of their rights and potentially receive compensation for their distress.

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Latest
SB2737 Engrossed LRB094 18851 RLC 54280 b AN ACT concerning criminal law.
SB2737 Enrolled LRB094 18851 RLC 54280 b AN ACT concerning criminal law.
Section 1.
Short title.
This Act may be cited as the Illinois Civil Rights Act of 2006.
The Code of Criminal Procedure of 1963 is amended by changing Section 116-3 as follows:
Compelled confession;
(725 ILCS 5/116-3) Sec.
civil action.
116-3.
(a) Independent of any criminal prosecution or the result thereof, any person suffering injury to his or her person or damage to his or her property as a result of having been compelled to confess or provide information regarding an offense by force or threat of imminent bodily harm may bring a civil action for damages, injunctive relief, or other appropriate relief.
Motion for fingerprint or forensic testing not available at trial regarding actual innocence.
Upon a finding of liability, the court shall award actual damages, including damages for emotional distress, punitive damages, when appropriate, and any suitable equitable relief.
(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.
A judgment in favor of the prevailing plaintiff shall include an award for reasonable attorney’s fees and costs.
Reasonable notice of the motion shall be served upon the State.
(b) Independent of any criminal prosecution or the result thereof, any person suffering damages as a result of retaliatory action may bring a civil action for damages, injunctive relief, or other appropriate relief.
(b) The defendant must present a prima facie case that:
A judgment in favor of the prevailing plaintiff shall include an award for reasonable attorney’s fees and costs.
(1) identity was the issue in the trial which resulted in his or her conviction;
(c) For purposes of this Section, "retaliatory action" means:
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.
(1) tortious conduct directed against an individual, or (2) the reprimand, discharge, suspension, demotion, or denial of promotion or change in the terms and conditions of employment, that is taken in retaliation because he or she has opposed or reported that which he or she reasonably and in good faith believed to be the use of force or threat of imminent bodily harm to compel a confession or information regarding an SB2737 Enrolled - 2 - LRB094 18851 RLC 54280 b offense, or because he or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing involving the use of force or threat of imminent bodily harm to compel a confession or information regarding an offense.
(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 SB2737 Engrossed - 2 - LRB094 18851 RLC 54280 b process upon a determination that:
Section 105.
(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;
The Criminal Code of 1961 is amended by changing Sections 3-7 and 12-7 as follows:
(2) the testing requested employs a scientific method generally accepted within the relevant scientific community;
(720 ILCS 5/3-7) (from Ch.
and .
38, par.
(3) when forensic DNA testing is requested, and the testing is to be performed on or after the effective date of this amendatory Act of the 94th General Assembly, the forensic DNA testing shall be performed by an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) accredited laboratory or an International Organization for Standardization (ISO) accredited laboratory, unless upon written motion and after hearing arguments or evidence, or both, the court may order the DNA testing be performed by a laboratory that is not ASCLD/LAB or ISO accredited.
3-7) Sec.
3-7.
Periods excluded from limitation.
The period within which a prosecution must be commenced does not include any period in which:
(a) The defendant is not usually and publicly resident within this State;
or (b) The defendant is a public officer and the offense charged is theft of public funds while in public office;
or (c) A prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal;
or (d) A proceeding or an appeal from a proceeding relating to the quashing or enforcement of a Grand Jury subpoena issued in connection with an investigation of a violation of a criminal law of this State is pending.
However, the period within which a prosecution must be commenced includes any period in which the State brings a proceeding or an appeal from a proceeding specified in this subsection (d);
or (e) A material witness is placed on active military duty or leave.
In this subsection (e), "material witness" includes, but is not limited to, the arresting officer, occurrence witness, or the alleged victim of the offense;
or .
(f) The victim of unlawful force or threat of imminent bodily harm to obtain information or a confession is incarcerated, and the victim’s incarceration, in whole or in part, is a consequence of the unlawful force or threats.
SB2737 Enrolled - 3 - LRB094 18851 RLC 54280 b (Source:
P.A.
93-417, eff.
8-5-03.) (720 ILCS 5/12-7) (from Ch.
38, par.
12-7) Sec.
12-7.
Compelling confession or information by force or threat.
(a) A person who, with intent to obtain a confession, statement or information regarding any offense, knowingly inflicts or threatens imminent bodily to inflict physical harm upon the person threatened or upon any other person commits the offense of compelling a confession or information by force or threat.
(b) Sentence.
Show all 55 changed rows (15 more)
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Compelling a confession or information is a:
(1) Class 4 felony if the defendant threatens imminent bodily harm to obtain a confession, statement, or information but does not inflict bodily harm on the victim, (2) Class 3 felony if the defendant inflicts bodily harm on the victim to obtain a confession, statement, or information, and (3) Class 2 felony if the defendant inflicts great bodily harm to obtain a confession, statement, or information.
93-605, eff.
77-2638.) Section 110.
11-19-03.)
The Code of Civil Procedure is amended by changing Section 13-202 as follows:
(735 ILCS 5/13-202) (from Ch.
110, par.
13-202) Sec.
13-202.
Personal injury - Penalty.
Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the SB2737 Enrolled - 4 - LRB094 18851 RLC 54280 b "Criminal Victims’ Escrow Account Act" shall be commenced within 2 years after the establishment of such account.
If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later.
However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.
(Source:
P.A.
84-1450.)
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Action History

  1. Public Act . . . . . . . . . 94-1113

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 3 Senate Concurs 054-000-000

  7. Added as Chief Co-Sponsor Sen. Don Harmon

  8. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  9. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000

  10. Added as Chief Co-Sponsor Sen. Mattie Hunter

  11. House Floor Amendment No. 3 Motion to Concur Rules Referred to Judiciary

  12. House Floor Amendment No. 3 Motion to Concur Referred to Rules

  13. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Kwame Raoul

  14. Placed on Calendar Order of Concurrence House Amendment(s) 03

  15. Secretary's Desk - Concurrence House Amendment(s) 03

  16. House Floor Amendment No. 1 Tabled Pursuant to Rule 40(a)

  17. Third Reading - Short Debate - Passed 109-000-000

  18. Placed on Calendar Order of 3rd Reading - Short Debate

  19. House Floor Amendment No. 3 Adopted by Voice Vote

  20. House Floor Amendment No. 2 Withdrawn by Rep. Constance A. Howard

  21. Second Reading - Short Debate

  22. House Floor Amendment No. 3 Recommends Be Adopted Judiciary II - Criminal Law Committee; 013-000-000

  23. House Floor Amendment No. 3 Rules Refers to Judiciary II - Criminal Law Committee

  24. House Floor Amendment No. 3 Referred to Rules Committee

  25. House Floor Amendment No. 3 Filed with Clerk by Rep. Constance A. Howard

  26. Sponsor Removed Sen. Kwame Raoul

  27. Chief Sponsor Changed to Sen. Kwame Raoul

  28. Added Alternate Co-Sponsor Rep. Eddie Washington

  29. Added as Chief Co-Sponsor Sen. Kwame Raoul

  30. House Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 012-001-000

  31. Added as Co-Sponsor Sen. John J. Cullerton

  32. House Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee

  33. House Floor Amendment No. 2 Referred to Rules Committee

  34. House Floor Amendment No. 2 Filed with Clerk by Rep. Constance A. Howard

  35. Added Alternate Chief Co-Sponsor Rep. Elga L. Jefferies

  36. Added Alternate Chief Co-Sponsor Rep. Esther Golar

  37. Added Alternate Chief Co-Sponsor Rep. Monique D. Davis

  38. Added Alternate Chief Co-Sponsor Rep. Mary E. Flowers

  39. House Floor Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee

  40. House Floor Amendment No. 1 Referred to Rules Committee

  41. House Floor Amendment No. 1 Filed with Clerk by Rep. Constance A. Howard

  42. Alternate Chief Sponsor Changed to Rep. Constance A. Howard

  43. Placed on Calendar 2nd Reading - Short Debate

  44. Rules Refers to 2nd Reading

  45. Approved for Consideration Rules Committee; 004-000-000

  46. Final Action Deadline Extended-9(b) January 9, 2007

  47. Rule 19(a) / Re-referred to Rules Committee

  48. Final Action Deadline Extended-9(b) May 5, 2006

  49. Final Action Deadline Extended-9(b) April 30, 2006

  50. Held on Calendar Order of Second Reading - Short Debate

  51. Second Reading - Short Debate

  52. Final Action Deadline Extended-9(b) April 13, 2006

  53. Placed on Calendar 2nd Reading - Short Debate

  54. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 016-000-000

  55. Final Action Deadline Extended-9(b) April 7, 2006

  56. Assigned to Judiciary II - Criminal Law Committee

  57. Referred to Rules Committee

  58. First Reading

  59. Chief House Sponsor Rep. Daniel J. Burke

  60. Placed on Calendar Order of First Reading

  61. Arrived in House

  62. Third Reading - Passed; 056-000-000

  63. Placed on Calendar Order of 3rd Reading March 2, 2006

  64. Senate Floor Amendment No. 2 Adopted; Maloney

  65. Second Reading

  66. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-000-000

  67. Senate Floor Amendment No. 2 Rules Refers to Judiciary

  68. Senate Floor Amendment No. 2 Referred to Rules

  69. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Edward D. Maloney

  70. Placed on Calendar Order of 2nd Reading February 16, 2006

  71. Do Pass as Amended Judiciary; 006-003-000

  72. Senate Committee Amendment No. 1 Adopted

  73. Senate Committee Amendment No. 1 Rules Refers to Judiciary

  74. Senate Committee Amendment No. 1 Referred to Rules

  75. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney

  76. Held in Judiciary

  77. Assigned to Judiciary

  78. Referred to Rules

  79. First Reading

  80. Filed with Secretary by Sen. Edward D. Maloney

Sponsors

  • Kwame Raoul · Cosponsor
  • Eddie Washington · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • Kwame Raoul
  • Eddie Washington

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 109 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 98008
Democrat 8000
Republican 3001
Total 109009
% of votes cast 92%0%0%8%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Not Voting
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Moffitt — Yea
Coulson — Yea
Fritchey — Not Voting
Munson — Yea
Granberg — Yea
Jefferies — Yea
Jefferson — Yea
Jenisch — Not Voting
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
Mendoza — Yea
Meyer — Yea
Pritchard — Yea
Reitz — Yea
Lyons — Yea
Scully — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Giles — Yea
Golar — Yea
Gordon — Yea
Brady — Yea
Mitchell, Bill — Yea
Madigan — Yea
McCarthy — Not Voting
Molaro — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Mulligan — Yea
Harris — Yea
Myers — Yea
Nekritz — Yea
Osmond — Yea
Parke — Yea
Phelps — Yea
Pihos — Yea
Howard — Yea
Watson — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Davis, Monique — Yea
Wait — Yea
Washington — Not Voting
Winters — Yea
Mitchell, Jerry — Not Voting
Yarbrough — Yea
Younge — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dugan — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Not Voting
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 50003
Republican 1000
Democrat 5000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Lauzen — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Yea
Halvorson — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Peterson — Yea
Schoenberg — Yea
Brady — Yea
Munoz — Yea
Sullivan — Yea
Petka — Yea
Clayborne — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Not Voting
Luechtefeld — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2737 do?
Amends the Code of Criminal Procedure of 1963. Provides that forensic testing of evidence that was secured in relation to the trial which resulted in the defendant's 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 may be allowed by the court if in addition to the other factors required by law the testing is performed by an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD) accredited laboratory or an International Standards Organization (ISO) accredited laboratory.
Who sponsors SB 2737?
SB 2737 is sponsored by Kwame Raoul and Eddie Washington.
What is the current status of SB 2737?
This bill has been enacted into law. Introduced January 20, 2006. Enacted.
Where can I track SB 2737?
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