Illinois General Assembly - Full Text of HB3599
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Full Text of HB3599  100th General Assembly

HB3599 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3599

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-621 new

    Amends the Juvenile Court Act of 1987. Provides that a person detained in the Department of Juvenile Justice may institute a post-conviction appeal if in the proceedings which resulted in his or her conviction there was a substantial denial of his or her rights under the Constitution of the United States or of the State of Illinois or both; or there is newly discovered evidence not available to the person at the time of the proceeding that resulted in his or her conviction that establishes a substantial basis to believe that the defendant is actually innocent by clear and convincing evidence. Provides that this proceeding may be commenced within a reasonable period of time after the person's adjudication. Provides that only one petition may be filed by a petitioner under this provision without leave of the court. Makes other changes.


LRB100 10483 SLF 20696 b

 

 

A BILL FOR

 

HB3599LRB100 10483 SLF 20696 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5adding Section 5-621 as follows:
 
6    (705 ILCS 405/5-621 new)
7    Sec. 5-621. Post-conviction appeal.
8    (a) A person detained in the Department of Juvenile Justice
9may institute a proceeding under this Section if the person
10asserts that:
11        (1) in the proceedings which resulted in his or her
12    conviction there was a substantial denial of his or her
13    rights under the Constitution of the United States or of
14    the State of Illinois or both; or
15        (2) there is newly discovered evidence not available to
16    the person at the time of the proceeding that resulted in
17    his or her conviction that establishes a substantial basis
18    to believe that the defendant is actually innocent by clear
19    and convincing evidence.
20    (b) A proceeding under paragraph (1) and (2) of subsection
21(a) may be commenced within a reasonable period of time after
22the person's adjudication. In such a proceeding regarding
23actual innocence, if the court determines the petition is

 

 

HB3599- 2 -LRB100 10483 SLF 20696 b

1frivolous or is patently without merit, it shall dismiss the
2petition in a written order, specifying the findings of fact
3and conclusions of law it made in reaching its decision. An
4order of dismissal is a final judgment and shall be served upon
5the petitioner by certified mail within 10 days of its entry.
6    (c) The proceeding shall be commenced by filing with the
7clerk of the court and with a petition verified by affidavit.
8The petitioner shall also serve another copy upon the State's
9Attorney. The clerk shall docket the petition for consideration
10by the court upon his or her receipt and bring the same
11promptly to the attention of the court.
12    (d) A person seeking relief by filing a petition under this
13Section shall specify in the petition or its heading that it is
14filed under this Section.
15    (e) Only one petition may be filed by a petitioner under
16this Section without leave of the court.