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Illinois Compiled Statutes

725 ILCS 5/116-5 (2026)

Motion for DNA database search (genetic marker groupings comparison analysis)

✓ current as of May 2026
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(725 ILCS 5/116-5)
    Sec. 116-5. Motion for DNA database search (genetic marker groupings comparison analysis).
    (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.
(Source: P.A. 102-538, eff. 8-20-21.)


 
    (725 ILCS 5/Art. 117)
ARTICLE 117. PROBATION

    
Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 2008–2024 · leading case: People v. Wright, 2012 IL App (1st) 73106 (Ill. App. Ct. 2012).
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People v. Wright, 2012 IL App (1st) 73106 (Ill. App. Ct. 2012). · cites it 7× “725 ILCS 5/116-5 (West 2006). In addition, “Illinois is one of the few states in the nation to provide a statutory framework” for a criminal defendant who seeks pretrial access to the state’s DNA database.”
People v. Watson, 965 N.E.2d 474 (Ill. App. Ct. 2012). · cites it 2× “Further, the fact that, as the dissent points out, there is a statutory procedure by which an attorney may request a database search for the *485 recovered DNA profile (725 ILCS 5/116-5(a) (West 2006)) reflects that attorneys need not act as, to use the dissent's words,…”
People v. Negron, 2012 IL App (1st) 101194 (Ill. App. Ct. 2012). · cites it 2× “725 ILCS 5/116-5(a) (West 2006). We have held that “by this enactment, the legislature has codified the accepted forensic science uses of DNA profiling both in apprehending or excluding suspects and in calculating statistical probabilities of DNA profiles for use in criminal…”
People v. Smith, 2012 IL App (1st) 102354 (Ill. App. Ct. 2012). “The database search request was made pursuant to section 116-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-5(a) (West 2006)), which requires a defendant to show only that “DNA evidence may be material to the defense investigation or relevant at trial.”
People v. Banks, 2016 IL App (1st) 131009 (Ill. App. Ct. 2017). · cites it 2× “Addressing the trial court’s error in failing to order, pursuant to a section 116-5 (725 ILCS 5/116-5 (West 2006)) motion, a pretrial 9-loci analysis between his DNA and a male DNA profile obtained from the victim’s rectal swabs, the Wright court ultimately reversed and remanded…”
People v. Banks, 2016 IL App (1st) 131009 (Ill. App. Ct. 2016). · cites it 2× “Addressing the trial court’s error in failing to order, pursuant to a section 116-5 (725 ILCS 5/116-5 (West 2006)) motion, a pretrial 9- loci analysis between his DNA and a male DNA profile obtained from the victim’s rectal swabs, the Wright court ultimately reversed and…”
People v. Abdullah, 2019 IL 123492 (Ill. 2021). “1) (West 2014)), defense motions for forensic testing (725 ILCS 5/116-3 (West 2004)), motions concerning preservation of evidence for forensic testing (725 ILCS 5/116-4 (West 2004) (allowing law enforcement agency to petition for order allowing it to dispose of evidence)), and…”
People v. Horton, 2022 IL App (4th) 210672-U (Ill. App. Ct. 2022). “” 725 ILCS 5/116-5(a) (West 2020). We review a trial court’s denial of a section 116-5 motion for an abuse of discretion.”
People v. Watson, 2012 IL App (2d) 91328 (Ill. App. Ct. 2012). · cites it 2× “Further, the fact that, as the dissent points out, there is a statutory procedure by which an attorney may request a database search for the recovered DNA profile (725 ILCS 5/116-5(a) (West 2006)) reflects that attorneys need not act as, to use the dissent’s words, “omniscient…”
People v. Banks, 2016 IL App (1st) 131009 (Ill. App. Ct. 2016). · cites it 2× “Addressing the trial court’s error in failing to order, pursuant to a section 116-5 (725 ILCS 5/116-5 (West 2006)) motion, a pretrial 9- loci analysis between his DNA and a male DNA profile obtained from the victim’s rectal swabs, the Wright court ultimately reversed and…”
In re Jessica M. (Ill. App. Ct. 2008). · cites it 2× “725 ILCS 5/116-5(a) (West 2004). -24- 01-06-2007 Also, “[i]f requested by the defense, a defense representative shall be allowed to view any genetic marker grouping analysis conducted by the Department of State Police.”
In re Jessica M. (Ill. App. Ct. 2010). · cites it 2× “725 ILCS 5/116-5(a) (West 2004). -23- 01-06-2007 Also, “[i]f requested by the defense, a defense representative shall be allowed to view any genetic marker grouping analysis conducted by the Department of State Police.”
Show all 14 citing cases →
— 725 ILCS 5/116-5(a) — 8 cases
People v. Watson, 965 N.E.2d 474 (Ill. App. Ct. 2012). “Further, the fact that, as the dissent points out, there is a statutory procedure by which an attorney may request a database search for the *485 recovered DNA profile (725 ILCS 5/116-5(a) (West 2006)) reflects that attorneys need not act as, to use the dissent's words,…”
People v. Wright, 2012 IL App (1st) 73106 (Ill. App. Ct. 2012). “725 ILCS 5/116-5 (West 2006). In addition, “Illinois is one of the few states in the nation to provide a statutory framework” for a criminal defendant who seeks pretrial access to the state’s DNA database.”
People v. Smith, 2012 IL App (1st) 102354 (Ill. App. Ct. 2012). “The database search request was made pursuant to section 116-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-5(a) (West 2006)), which requires a defendant to show only that “DNA evidence may be material to the defense investigation or relevant at trial.”
People v. Negron, 2012 IL App (1st) 101194 (Ill. App. Ct. 2012). “725 ILCS 5/116-5(a) (West 2006). We have held that “by this enactment, the legislature has codified the accepted forensic science uses of DNA profiling both in apprehending or excluding suspects and in calculating statistical probabilities of DNA profiles for use in criminal…”
People v. Horton, 2022 IL App (4th) 210672-U (Ill. App. Ct. 2022). “” 725 ILCS 5/116-5(a) (West 2020). We review a trial court’s denial of a section 116-5 motion for an abuse of discretion.”
— 725 ILCS 5/116-5(c) — 3 cases
People v. Negron, 2012 IL App (1st) 101194 (Ill. App. Ct. 2012). “725 ILCS 5/116-5(a) (West 2006). We have held that “by this enactment, the legislature has codified the accepted forensic science uses of DNA profiling both in apprehending or excluding suspects and in calculating statistical probabilities of DNA profiles for use in criminal…”
In re Jessica M. (Ill. App. Ct. 2008). “725 ILCS 5/116-5(a) (West 2004). -24- 01-06-2007 Also, “[i]f requested by the defense, a defense representative shall be allowed to view any genetic marker grouping analysis conducted by the Department of State Police.”
In re Jessica M. (Ill. App. Ct. 2010). “725 ILCS 5/116-5(a) (West 2004). -23- 01-06-2007 Also, “[i]f requested by the defense, a defense representative shall be allowed to view any genetic marker grouping analysis conducted by the Department of State Police.”
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