Illinois Compiled Statutes 725 ILCS 5/116-5 – Motion for DNA database search (genetic marker groupings comparison analysis)
Current as of: 2024 | Check for updates
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(a) Upon motion by a defendant charged with any offense where DNA evidence may be material to the defense investigation or relevant at trial, a court may order a DNA database search by the Illinois State Police. Such analysis may include comparing:
(1) the genetic profile from forensic evidence that
(1) the genetic profile from forensic evidence that
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was secured in relation to the trial against the genetic profile of the defendant,
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(2) the genetic profile of items of forensic evidence
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secured in relation to trial to the genetic profile of other forensic evidence secured in relation to trial, or
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(3) the genetic profiles referred to in subdivisions
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(1) and (2) against:
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(i) genetic profiles of offenders maintained
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under subsection (f) of § 5-4-3 of the Unified Code of Corrections, or
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(ii) genetic profiles, including but not limited
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to, profiles from unsolved crimes maintained in state or local DNA databases by law enforcement agencies.
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(b) If appropriate federal criteria are met, the court may order the Illinois State Police to request the National DNA index system to search its database of genetic profiles.
(c) If requested by the defense, a defense representative shall be allowed to view any genetic marker grouping analysis conducted by the Illinois State Police. The defense shall be provided with copies of all documentation, correspondence, including digital correspondence, notes, memoranda, and reports generated in relation to the analysis.
(d) Reasonable notice of the motion shall be served upon the State.
Terms Used In Illinois Compiled Statutes 725 ILCS 5/116-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If requested by the defense, a defense representative shall be allowed to view any genetic marker grouping analysis conducted by the Illinois State Police. The defense shall be provided with copies of all documentation, correspondence, including digital correspondence, notes, memoranda, and reports generated in relation to the analysis.
(d) Reasonable notice of the motion shall be served upon the State.