HB 3354

Abstract

Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that in a capital case, the defendant may make a motion for a court order before trial for comparison analysis by the Department of State Police with those genetic marker groupings maintained by the Department in its DNA database if the defendant meets all of the following requirements: (1) the defendant is charged with first degree murder and the State has filed a notice of intent to seek the death penalty under Supreme Court Rule 416; (2) the defendant seeks for the Department of State Police to identify genetic marker groupings from evidence collected by criminal justice agencies pursuant to the alleged offense; (3) the defendant seeks comparison analysis of genetic marker groupings of the evidence to those of the defendant, to those of other forensic evidence, and to those maintained by the Department of State Police in its DNA database; (4) genetic marker grouping analysis is performed by a laboratory compliant with the quality assurance standards required by the Department of State Police for genetic marker grouping analysis comparisons; and (5) reasonable notice of the motion is served upon the State.