HB1804eng 100TH GENERAL ASSEMBLY

HB1804 Engrossed LRB100 09059 SLF 19208 b

AN ACT concerning criminal law.

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

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 116-2.2 as follows:

(725 ILCS 5/116-2.2 new)

Sec. 116-2.2. Petition to resentence; statutory penalty reduction.

(a) Upon verified petition for resentencing by the defendant, the trial court that entered the judgment of conviction in a defendant's case may order resentencing at any time after 30 days have passed following the imposition of a sentence under a guilty verdict or a finding of guilt for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance provided:

(1) the State's Attorney or other prosecuting attorney is given at least 30 day notice of the filing of the petition seeking resentencing;

(2) the State's Attorney or other prosecuting attorney files a response indicating agreement with the petition and the defendant's request for resentencing; and

(3) the petition clearly states the statutory penalty for the offense for which the defendant was found guilty or convicted has, since his or her plea of guilty or conviction, been subsequently reduced or altered in a manner that includes, but is not limited to:

(A) reducing the minimum or maximum sentence for the offense;

(B) granting the court more discretion over the range of penalties available for the offense; or

(C) changing the penalties associated with the offense or conduct underlying the offense in any way.

(b) If the court grants a petition under this Section, the court must resentence the defendant in a manner that is consistent with the penalty the defendant would have received if the current law was in effect on the date when the offense was committed or the original sentence was imposed and the court may take any additional action it deems appropriate under the circumstances.