093_SB1441eng

 
SB1441 Engrossed                     LRB093 10379 RLC 10633 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 122-2.1 as follows:

 6        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
 7        Sec. 122-2.1. (a) Within 90 days  after  the  filing  and
 8    docketing  of  each  petition,  the  court shall examine such
 9    petition and enter an order thereon pursuant to this Section.
10             (1)  If the petitioner is under  sentence  of  death
11        and  is  without  counsel  and alleges that he is without
12        means to procure counsel, he shall state whether  or  not
13        he  wishes  counsel to be appointed to represent him.  If
14        appointment of counsel is so requested, the  court  shall
15        appoint  counsel  if satisfied that the petitioner has no
16        means to procure counsel.
17             (2)  If the petitioner is sentenced to  imprisonment
18        and  the court determines the petition is frivolous or is
19        patently without merit or that the petitioner  failed  to
20        file  the  petition  within the time limits prescribed in
21        subsection (c) of Section 122-1 and the delay was due  to
22        the  petitioner's  culpable  negligence, it shall dismiss
23        the petition in a written order, specifying the  findings
24        of  fact  and  conclusions of law it made in reaching its
25        decision.  Such order of dismissal is  a  final  judgment
26        and shall be served upon the petitioner by certified mail
27        within 10 days of its entry. If the court determines that
28        the  petitioner's  failure  to  timely  file  his  or her
29        petition was due to the petitioner's culpable negligence,
30        the petitioner may seek reconsideration within 30 days in
31        order to present facts showing why the  late  filing  was
 
SB1441 Engrossed            -2-      LRB093 10379 RLC 10633 b
 1        not due to his or her culpable negligence.
 2        (b)  If  the  petition  is not dismissed pursuant to this
 3    Section, the court shall order the petition  to  be  docketed
 4    for  further  consideration in accordance with Sections 122-4
 5    through 122-6.
 6        (c)  In considering a petition pursuant to this  Section,
 7    the  court  may  examine  the court file of the proceeding in
 8    which the petitioner was convicted, any action  taken  by  an
 9    appellate  court  in  such  proceeding and any transcripts of
10    such proceeding.
11    (Source: P.A. 86-655; 87-904.)