ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/116-3 (2026)

Motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at trial or guilty plea regarding actual innocence

✓ current as of May 2026
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(725 ILCS 5/116-3)
    Sec. 116-3. Motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at trial or guilty plea regarding actual innocence.
    (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, Integrated Ballistic Identification System, 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 or guilty plea which resulted in his or her conviction, and:
        (1) was not subject to the testing which is now
    
requested at the time of trial; or
        (2) although previously subjected to testing, can be
    
subjected to additional testing utilizing a method that was not scientifically available at the time of trial that provides a reasonable likelihood of more probative results.
    Reasonable notice of the motion shall be served upon the State.
    (b) The defendant must present a prima facie case that:
        (1) identity was the issue in the trial or guilty
    
plea which resulted in his or her conviction; 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.
    (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 process upon a determination that:
        (1) the result of the testing has the scientific
    
potential to produce new, noncumulative evidence (i) materially relevant to the defendant's assertion of actual innocence when the defendant's conviction was the result of a trial, even though the results may not completely exonerate the defendant, or (ii) that would raise a reasonable probability that the defendant would have been acquitted if the results of the evidence to be tested had been available prior to the defendant's guilty plea and the petitioner had proceeded to trial instead of pleading guilty, even though the results may not completely exonerate the defendant; and
        (2) the testing requested employs a scientific method
    
generally accepted within the relevant scientific community.
    (d) If evidence previously tested pursuant to this Section reveals an unknown fingerprint from the crime scene that does not match the defendant or the victim, the order of the Court shall direct the prosecuting authority to request the Illinois State Police Bureau of Forensic Science to submit the unknown fingerprint evidence into the FBI's Integrated Automated Fingerprint Identification System (AIFIS) for identification.
    (e) In the court's order to allow testing, the court shall order the investigating authority to prepare an inventory of the evidence related to the case and issue a copy of the inventory to the prosecution, the petitioner, and the court.
    (f) When a motion is filed to vacate based on favorable post-conviction testing results, the State may, upon request, reactivate victim services for the victim of the crime during the pendency of the proceedings, and, as determined by the court after consultation with the victim or victim advocate, or both, following final adjudication of the case.
(Source: P.A. 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 179 cases (76 in the last 5 years), 1998–2026 · leading case: People v. Morrow, 2022 IL App (1st) 200388 (Ill. App. Ct. 2022).
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People v. Morrow, 2022 IL App (1st) 200388 (Ill. App. Ct. 2022). · cites it 9× “Most recently, defendant filed several motions under section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2018)), requesting an order compelling Siler to submit a buccal swab for further forensic testing and comparison analysis, which the trial court…”
People v. LaPointe, 2018 IL App (2d) 160432 (Ill. App. Ct. 2018). · cites it 11× “In 2016, having filed an unsuccessful direct appeal and numerous unsuccessful collateral actions, he moved under section 116-3 of the Code of Criminal Procedure of 1963 ( 725 ILCS 5/116-3 (West 2016) ) to allow fingerprint and DNA analysis of certain items of evidence that had…”
People v. Scott, 2011 IL App (1st) 100122 (Ill. App. Ct. 2011). · cites it 6× “Though defendant does not refer to the statute providing for the filing of a motion for DNA testing, we recognize that a defendant may file a motion for forensic testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). We note…”
People v. Price, 801 N.E.2d 1187 (Ill. App. Ct. 2003). · cites it 10× “Justice BOWMAN delivered the opinion of the court: Defendant, Joseph Price, appeals from the order of the circuit court of Lee County denying his motion pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/116-3 (West 2000)) for forensic testing…”
People v. Barrow, 2011 IL App (3d) 100086 (Ill. App. Ct. 2011). · cites it 8× “725 ILCS 5/116-3 (West 2008). The trial court granted the motion in part and denied it in part.”
People v. Stoecker, 2014 IL 115756 (Ill. 2014). · cites it 9× “In 2009, defendant filed a pro se motion for postconviction deoxyribonucleic acid (DNA) testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). Defendant requested that the circuit court order additional testing of forensic…”
People v. Gibson, 828 N.E.2d 881 (Ill. App. Ct. 2005). · cites it 6× “Present in the home were the husband and wife, their infant son, and their nine-year-old niece. The intruders confined the husband in the bathroom, ransacked the home looking for property, and performed acts of rape and deviate sexual assault on the wife.”
People v. Rozo, 2012 IL App (2d) 100308 (Ill. App. Ct. 2012). · cites it 7× “” 725 ILCS 5/116-3 (West 2008). Testing pursuant to section 116-3 is not limited to situations in which the requested testing would completely exonerate a defendant.”
People v. Grant, 2022 IL 126824 (Ill. 2022). · cites it 3× “¶ 10 On June 5, 2013, pursuant to section 116-3 of the Code (725 ILCS 5/116-3 (West 2012)), the Illinois Innocence Project filed on behalf of defendant a motion for forensic testing of the hair and fingernail scrapings that were collected during the postassault examination of Z.”
People v. Stoecker, 2014 IL 115756 (Ill. 2014). · cites it 8× “In 2009, defendant filed a pro se motion for postconviction deoxyribonucleic acid (DNA) testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). Defendant requested that the circuit court order additional testing of forensic…”
People v. Johnson, 793 N.E.2d 591 (Ill. 2002). · cites it 2× “The defendant then cited section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 ( West 1998 )), which, he claimed, provides for such testing upon the allegations in his amended petition.”
People v. Bull, 705 N.E.2d 824 (Ill. 1998). · cites it 2× “725 ILCS 5/116-3 (West Supp.1997). This protection reflects the goal of decreasing the chance of convicting an innocent person even at the price of increasing the chance that a guilty person may escape conviction.”
Show all 179 citing cases →
— 725 ILCS 5/116-3(a) — 46 cases
People v. LaPointe, 2018 IL App (2d) 160432 (Ill. App. Ct. 2018). “In 2016, having filed an unsuccessful direct appeal and numerous unsuccessful collateral actions, he moved under section 116-3 of the Code of Criminal Procedure of 1963 ( 725 ILCS 5/116-3 (West 2016) ) to allow fingerprint and DNA analysis of certain items of evidence that had…”
People v. Morrow, 2022 IL App (1st) 200388 (Ill. App. Ct. 2022). “Most recently, defendant filed several motions under section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2018)), requesting an order compelling Siler to submit a buccal swab for further forensic testing and comparison analysis, which the trial court…”
People v. Scott, 2011 IL App (1st) 100122 (Ill. App. Ct. 2011). “Though defendant does not refer to the statute providing for the filing of a motion for DNA testing, we recognize that a defendant may file a motion for forensic testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). We note…”
People v. Snow, 964 N.E.2d 1139 (Ill. App. Ct. 2012).
People v. Barrow, 2011 IL App (3d) 100086 (Ill. App. Ct. 2011). “725 ILCS 5/116-3 (West 2008). The trial court granted the motion in part and denied it in part.”
— 725 ILCS 5/116-3(a)(1) — 12 cases
People v. Smith, 2014 IL App (1st) 113265 (Ill. App. Ct. 2014).
People v. Rozo, 2012 IL App (2d) 100308 (Ill. App. Ct. 2012). “” 725 ILCS 5/116-3 (West 2008). Testing pursuant to section 116-3 is not limited to situations in which the requested testing would completely exonerate a defendant.”
People v. Navarro, 2015 IL App (1st) 131550 (Ill. App. Ct. 2015).
People v. Scott, 958 N.E.2d 1046 (Ill. App. Ct. 2011).
People v. Galloway, 2023 IL App (1st) 211489-U (Ill. App. Ct. 2023).
— 725 ILCS 5/116-3(a)(2) — 15 cases
People v. Stoecker, 2014 IL 115756 (Ill. 2014). “In 2009, defendant filed a pro se motion for postconviction deoxyribonucleic acid (DNA) testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). Defendant requested that the circuit court order additional testing of forensic…”
People v. Rozo, 2012 IL App (2d) 100308 (Ill. App. Ct. 2012). “” 725 ILCS 5/116-3 (West 2008). Testing pursuant to section 116-3 is not limited to situations in which the requested testing would completely exonerate a defendant.”
People v. LaPointe, 2018 IL App (2d) 160432 (Ill. App. Ct. 2018). “In 2016, having filed an unsuccessful direct appeal and numerous unsuccessful collateral actions, he moved under section 116-3 of the Code of Criminal Procedure of 1963 ( 725 ILCS 5/116-3 (West 2016) ) to allow fingerprint and DNA analysis of certain items of evidence that had…”
People v. Kines, 2015 IL App (2d) 140518 (Ill. App. Ct. 2015).
People v. Stoecker, 2014 IL 115756 (Ill. 2014). “In 2009, defendant filed a pro se motion for postconviction deoxyribonucleic acid (DNA) testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). Defendant requested that the circuit court order additional testing of forensic…”
— 725 ILCS 5/116-3(b) — 18 cases
People v. Scott, 2011 IL App (1st) 100122 (Ill. App. Ct. 2011). “Though defendant does not refer to the statute providing for the filing of a motion for DNA testing, we recognize that a defendant may file a motion for forensic testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). We note…”
People v. Price, 801 N.E.2d 1187 (Ill. App. Ct. 2003). “Justice BOWMAN delivered the opinion of the court: Defendant, Joseph Price, appeals from the order of the circuit court of Lee County denying his motion pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/116-3 (West 2000)) for forensic testing…”
People v. Morrow, 2022 IL App (1st) 200388 (Ill. App. Ct. 2022). “Most recently, defendant filed several motions under section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2018)), requesting an order compelling Siler to submit a buccal swab for further forensic testing and comparison analysis, which the trial court…”
People v. O'connell, 879 N.E.2d 315 (Ill. 2007).
People v. Navarro, 2015 IL App (1st) 131550 (Ill. App. Ct. 2015).
— 725 ILCS 5/116-3(b)(1) — 17 cases
People v. Gibson, 828 N.E.2d 881 (Ill. App. Ct. 2005). “Present in the home were the husband and wife, their infant son, and their nine-year-old niece. The intruders confined the husband in the bathroom, ransacked the home looking for property, and performed acts of rape and deviate sexual assault on the wife.”
People v. O'connell, 850 N.E.2d 278 (Ill. App. Ct. 2006).
People v. Kines, 2015 IL App (2d) 140518 (Ill. App. Ct. 2015).
People v. Perez, 2016 IL App (3d) 130784 (Ill. App. Ct. 2016).
People v. Perez, 2016 IL App (3d) 130784 (Ill. App. Ct. 2016).
— 725 ILCS 5/116-3(b)(2) — 7 cases
People v. Cocroft, 2020 IL App (1st) 180056 (Ill. App. Ct. 2020).
People v. Price, 801 N.E.2d 1187 (Ill. App. Ct. 2003). “Justice BOWMAN delivered the opinion of the court: Defendant, Joseph Price, appeals from the order of the circuit court of Lee County denying his motion pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/116-3 (West 2000)) for forensic testing…”
People v. Galloway, 2023 IL App (1st) 211489-U (Ill. App. Ct. 2023).
People v. Cocroft, 2020 IL App (1st) 180056 (Ill. App. Ct. 2021).
People v. Alexander, 2022 IL App (1st) 192400-U (Ill. App. Ct. 2022).
— 725 ILCS 5/116-3(c) — 19 cases
People v. Barrow, 2011 IL App (3d) 100086 (Ill. App. Ct. 2011). “725 ILCS 5/116-3 (West 2008). The trial court granted the motion in part and denied it in part.”
People v. Wright, 2012 IL App (1st) 73106 (Ill. App. Ct. 2012).
People v. Cocroft, 2020 IL App (1st) 180056 (Ill. App. Ct. 2020).
People v. Barrow, 954 N.E.2d 895 (Ill. App. Ct. 2011).
People v. Price, 801 N.E.2d 1187 (Ill. App. Ct. 2003). “Justice BOWMAN delivered the opinion of the court: Defendant, Joseph Price, appeals from the order of the circuit court of Lee County denying his motion pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/116-3 (West 2000)) for forensic testing…”
— 725 ILCS 5/116-3(c)(1) — 35 cases
People v. Scott, 2011 IL App (1st) 100122 (Ill. App. Ct. 2011). “Though defendant does not refer to the statute providing for the filing of a motion for DNA testing, we recognize that a defendant may file a motion for forensic testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). We note…”
People v. Perez, 2016 IL App (3d) 130784 (Ill. App. Ct. 2016).
People v. Stoecker, 2014 IL 115756 (Ill. 2014). “In 2009, defendant filed a pro se motion for postconviction deoxyribonucleic acid (DNA) testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2008)). Defendant requested that the circuit court order additional testing of forensic…”
People v. Rozo, 2012 IL App (2d) 100308 (Ill. App. Ct. 2012). “” 725 ILCS 5/116-3 (West 2008). Testing pursuant to section 116-3 is not limited to situations in which the requested testing would completely exonerate a defendant.”
People v. Perez, 2016 IL App (3d) 130784 (Ill. App. Ct. 2016).
— 725 ILCS 5/116-3(c)(1)(i) — 7 cases
People v. Morrow, 2022 IL App (1st) 200388 (Ill. App. Ct. 2022). “Most recently, defendant filed several motions under section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2018)), requesting an order compelling Siler to submit a buccal swab for further forensic testing and comparison analysis, which the trial court…”
People v. LaPointe, 2018 IL App (2d) 160432 (Ill. App. Ct. 2018). “In 2016, having filed an unsuccessful direct appeal and numerous unsuccessful collateral actions, he moved under section 116-3 of the Code of Criminal Procedure of 1963 ( 725 ILCS 5/116-3 (West 2016) ) to allow fingerprint and DNA analysis of certain items of evidence that had…”
People v. LaPointe, 2018 IL App (2d) 160432 (Ill. App. Ct. 2019).
People v. Thomas, 2017 IL App (3d) 150542 (Ill. App. Ct. 2018).
People v. Thomas, 2017 IL App (3d) 150542 (Ill. App. Ct. 2017).
— 725 ILCS 5/116-3(c)(1)(ii) — 5 cases
People v. LaPointe, 2018 IL App (2d) 160432 (Ill. App. Ct. 2018). “In 2016, having filed an unsuccessful direct appeal and numerous unsuccessful collateral actions, he moved under section 116-3 of the Code of Criminal Procedure of 1963 ( 725 ILCS 5/116-3 (West 2016) ) to allow fingerprint and DNA analysis of certain items of evidence that had…”
People v. LaPointe, 2018 IL App (2d) 160432 (Ill. App. Ct. 2019).
People v. Thomas, 2017 IL App (3d) 150542 (Ill. App. Ct. 2017).
People v. Thomas, 2017 IL App (3d) 150542 (Ill. App. Ct. 2018).
People v. Smith, 2022 IL App (1st) 210914-U (Ill. App. Ct. 2022).
— 725 ILCS 5/116-3(c)(2) — 3 cases
People v. Morrow, 2022 IL App (1st) 200388 (Ill. App. Ct. 2022). “Most recently, defendant filed several motions under section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2018)), requesting an order compelling Siler to submit a buccal swab for further forensic testing and comparison analysis, which the trial court…”
People v. Alexander, 2022 IL App (1st) 192400-U (Ill. App. Ct. 2022).
People v. Reyes, 2025 IL App (5th) 230468-U (Ill. App. Ct. 2025).
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