Rep. Monique D. Davis

Filed: 4/12/2013

 

 


 

 


 
09800HB0821ham002LRB098 03649 RLC 44531 a

1
AMENDMENT TO HOUSE BILL 821

2    AMENDMENT NO. ______. Amend House Bill 821 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-4 as follows:
 
6    (730 ILCS 5/5-5-4)  (from Ch. 38, par. 1005-5-4)
7    Sec. 5-5-4. Resentences.
8    (a) Where a conviction or sentence has been set aside on
9direct review or on collateral attack, the court shall not
10impose a new sentence for the same offense or for a different
11offense based on the same conduct which is more severe than the
12prior sentence less the portion of the prior sentence
13previously satisfied unless the more severe sentence is based
14upon conduct on the part of the defendant occurring after the
15original sentencing. If a sentence is vacated on appeal or on
16collateral attack due to the failure of the trier of fact at

 

 

09800HB0821ham002- 2 -LRB098 03649 RLC 44531 a

1trial to determine beyond a reasonable doubt the existence of a
2fact (other than a prior conviction) necessary to increase the
3punishment for the offense beyond the statutory maximum
4otherwise applicable, either the defendant may be re-sentenced
5to a term within the range otherwise provided or, if the State
6files notice of its intention to again seek the extended
7sentence, the defendant shall be afforded a new trial.
8    (b) If a conviction or sentence has been set aside on
9direct review or on collateral attack and the court determines
10by clear and convincing evidence that the defendant was
11factually innocent of the charge, the court shall enter an
12order for a certificate of innocence and shall enter an order
13expunging the record of arrest from the official records of the
14arresting authority and order that the records of the clerk of
15the circuit court and Department of State Police be sealed
16until further order of the court upon good cause shown or as
17otherwise provided herein, and the name of the defendant
18obliterated from the official index requested to be kept by the
19circuit court clerk under Section 16 of the Clerks of Courts
20Act in connection with the arrest and conviction for the
21offense but the order shall not affect any index issued by the
22circuit court clerk before the entry of the order.
23    All records sealed by the Department of State Police may be
24disseminated by the Department only as required by law or to
25the arresting authority, the State's Attorney, the court upon a
26later arrest for the same or similar offense, or for the

 

 

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1purpose of sentencing for any subsequent felony. Upon
2conviction for any subsequent offense, the Department of
3Corrections shall have access to all sealed records of the
4Department pertaining to that individual.
5    Upon entry of the order of expungement, the clerk of the
6circuit court shall promptly mail a copy of the order to the
7person whose records were expunged and sealed.
8(Source: P.A. 93-210, eff. 7-18-03.)".