093_HB3364

 
                                     LRB093 09645 RLC 09883 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 Unified Code of Corrections is amended by
 5    changing Section 3-3-13 as follows:

 6        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
 7        Sec. 3-3-13.  Procedure for Executive Clemency.
 8        (a)  Petitions  seeking  pardon, commutation, or reprieve
 9    shall be  addressed  to  the  Governor  and  filed  with  the
10    Prisoner  Review Board.  The petition shall be in writing and
11    signed by the person under conviction or by a person  on  his
12    behalf.  It  shall  contain  a brief history of the case, the
13    reasons for seeking executive clemency,  and  other  relevant
14    information the Board may require.
15        (a-5)  After  a petition has been denied by the Governor,
16    the Board may not accept  a  repeat  petition  for  executive
17    clemency  for the same person until one full year has elapsed
18    from the date of the denial.  The Chairman of the  Board  may
19    waive  the  one-year  requirement if the petitioner offers in
20    writing  new  information  that  was   unavailable   to   the
21    petitioner  at  the  time of the filing of the prior petition
22    and which the Chairman determines  to  be  significant.   The
23    Chairman  also  may  waive the one-year waiting period if the
24    petitioner can show that  a  change  in  circumstances  of  a
25    compelling humanitarian nature has arisen since the denial of
26    the prior petition.
27        (b)  Notice of the proposed application shall be given by
28    the Board to the committing court and the state's attorney of
29    the county where the conviction was had.
30        (c)  The  Board  shall, if requested and upon due notice,
31    give a hearing to each application,  allowing  representation
 
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 1    by  counsel,  if desired, after which it shall confidentially
 2    advise  the   Governor   by   a   written   report   of   its
 3    recommendations  which  shall be determined by majority vote.
 4    The Board shall meet to consider such petitions no less  than
 5    4 times each year.
 6        Application for executive clemency under this Section may
 7    not be commenced on behalf of a person who has been sentenced
 8    to death without the written consent of the defendant, unless
 9    the  defendant, because of a mental or physical condition, is
10    incapable of asserting his or her own claim.
11        All petitions for  executive  clemency  on  behalf  of  a
12    person  who  is  sentenced  to  death  must be filed with the
13    Prisoner Review Board within 30 days from the date  that  the
14    Supreme  Court has issued a final order setting the execution
15    date.  The Governor or the Chairman of  the  Prisoner  Review
16    Board  may waive the 30-day requirement if the petitioner has
17    just cause for not filing the petition within the appropriate
18    time limitations.
19        (d)  The  Governor  shall  decide  each  application  and
20    communicate his decision to the Board which shall notify  the
21    petitioner.
22        In  the  event  a  petitioner who has been convicted of a
23    Class X felony is granted a release, after the  Governor  has
24    communicated such decision to the Board, the Board shall give
25    written  notice  to  the Sheriff of the county from which the
26    offender was sentenced if such  sheriff  has  requested  that
27    such  notice  be  given on a continuing basis. In cases where
28    arrest of the offender or the commission of the offense  took
29    place  in  any  municipality  with  a population of more than
30    10,000 persons, the Board shall also give written  notice  to
31    the proper law enforcement agency for said municipality which
32    has requested notice on a continuing basis.
33        (e)  Nothing  in this Section shall be construed to limit
34    the power of the Governor under the constitution to  grant  a
 
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 1    reprieve, commutation of sentence, or pardon.
 2    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)