093_HB3355

 
                                     LRB093 09639 RLC 09877 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Code of Criminal Procedure  of  1963  is
 5    amended by changing Section 122-1 as follows:

 6        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
 7        Sec. 122-1. Petition in the trial court.
 8        (a)  Any   person  imprisoned  in  the  penitentiary  who
 9    asserts that in the proceedings which resulted in his or  her
10    conviction  there  was  a  substantial  denial  of his or her
11    rights under the Constitution of the United States or of  the
12    State  of  Illinois  or both may institute a proceeding under
13    this Article.
14        (b)  The proceeding shall be commenced by filing with the
15    clerk of the court in  which  the  conviction  took  place  a
16    petition   (together   with   a  copy  thereof)  verified  by
17    affidavit.  Petitioner shall also serve another copy upon the
18    State's Attorney by any of the methods provided in Rule 7  of
19    the  Supreme  Court.  The clerk shall docket the petition for
20    consideration by the court pursuant to Section  122-2.1  upon
21    his or her receipt thereof and bring the same promptly to the
22    attention of the court.
23        (c)  If  the  petitioner  is  under  sentence of death, a
24    proceeding under this Article may not be commenced more  than
25    6  months  after  the  issuance of the mandate by the Supreme
26    Court following affirmance of the defendant's  direct  appeal
27    of   the   trial  court  verdict.  In  all  other  cases,  no
28    proceedings under this Article shall be commenced more than 6
29    months after the denial of a petition for leave  to appeal or
30    the date for filing such a petition if none is filed or  more
31    than  45  days  after the defendant files his or her brief in
 
                            -2-      LRB093 09639 RLC 09877 b
 1    the appeal of the sentence before the Illinois Supreme  Court
 2    (or  more  than  45 days after the deadline for the filing of
 3    the defendant's brief with the Illinois Supreme Court  if  no
 4    brief  is  filed)  or  3  years  from the date of conviction,
 5    whichever is sooner,  unless  the  petitioner  alleges  facts
 6    showing  that  the  delay  was not due to his or her culpable
 7    negligence.
 8        (d)  A person seeking relief by filing a  petition  under
 9    this Section must specify in the petition or its heading that
10    it  is  filed  under  this  Section.   A trial court that has
11    received a petition complaining of a conviction  or  sentence
12    that  fails to specify in the petition or its heading that it
13    is filed under this Section need not evaluate the petition to
14    determine whether it could otherwise have stated some grounds
15    for relief under this Article.
16        (e)  A proceeding under this Article may not be commenced
17    on behalf of a defendant who  has  been  sentenced  to  death
18    without  the  written  consent  of  the defendant, unless the
19    defendant, because of a  mental  or  physical  condition,  is
20    incapable of asserting his or her own claim.
21    (Source:  P.A.  89-284,  eff.  1-1-96;  89-609,  eff. 1-1-97;
22    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)