HB 1372

Abstract

Amends the Code of Criminal Procedure of 1963. Provides that in a criminal case, the State shall make timely disclosure to defense counsel, or to the defendant if the defendant is not represented by counsel, of the existence of evidence, known to the State, that is material and tends to negate the guilt of the accused, impeach witnesses whom the State will be calling as witnesses, or mitigate the degree of punishment. Provides that if the State knowingly fails to make timely disclosure of the evidence to the defendant, the court, upon motion of the defendant or upon its own motion, if it makes such a finding, may grant the defendant a new trial (or if the failure to disclose the evidence to the defendant relates only to an issue relevant to sentencing, the court shall vacate the sentence, conduct another sentencing hearing, and shall resentence the defendant). Applies to all actions initiated on or after the effective date of the amendatory Act.