Sec. 116-5. Motion for DNA database search (genetic marker groupings comparison analysis).

248 words·~1 min read·/il/chapter-725/act-5/116-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 was secured in relation to the trial

against the genetic profile of the defendant,

(2)the genetic profile of items of forensic evidence secured in relation to trial to

the genetic profile of other forensic evidence secured in relation to trial, or

(3)the genetic profiles referred to in subdivisions

(1)and

(2)against:

(i)genetic profiles of offenders maintained under subsection

(f)of Section 5-4-3

of the Unified Code of Corrections, or

(ii)genetic profiles, including but not limited to, profiles from unsolved crimes

maintained in state or local DNA databases by law enforcement agencies.

(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.