101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5665

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/116-2.2 new

    Amends the Code of Criminal Procedure of 1963. Provides that the trial court, upon petition by the defendant after 30 days from sentencing if certain conditions are met, may order resentencing if the penalties for the offense are reduced or altered since the defendant's conviction in a manner that includes, but is not limited to: (1) reducing the minimum or maximum sentence for the offense; (2) granting the court more discretion over the range of penalties available for the offense; or (3) changing the penalties associated with the offense or conduct underlying the offense in any way. Provides that the petition shall not be granted if the State's Attorney or other prosecuting attorney files a response objecting to the petition and the defendant's request for resentencing.


LRB101 20484 RLC 70063 b

 

 

A BILL FOR

 

HB5665LRB101 20484 RLC 70063 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 116-2.2 as follows:
 
6    (725 ILCS 5/116-2.2 new)
7    Sec. 116-2.2. Petition to resentence; statutory penalty
8reduction.
9    (a) Upon verified petition for resentencing by the
10defendant, the trial court that entered the judgment of
11conviction in a defendant's case may order resentencing at any
12time after 30 days have passed following the imposition of a
13sentence under a guilty verdict or a finding of guilt for any
14criminal offense under the Criminal Code of 1961 or the
15Criminal Code of 2012 or a similar local ordinance provided:
16        (1) the State's Attorney or other prosecuting attorney
17    is given at least 30 day notice of the filing of the
18    petition seeking resentencing;
19        (2) the State's Attorney or other prosecuting attorney
20    does not file a response objecting to the petition and the
21    defendant's request for resentencing; and
22        (3) the petition clearly states the statutory penalty
23    for the offense for which the defendant was found guilty or

 

 

HB5665- 2 -LRB101 20484 RLC 70063 b

1    convicted has, since his or her plea of guilty or
2    conviction, been subsequently reduced or altered in a
3    manner that includes, but is not limited to:
4            (A) reducing the minimum or maximum sentence for
5        the offense;
6            (B) granting the court more discretion over the
7        range of penalties available for the offense; or
8            (C) changing the penalties associated with the
9        offense or conduct underlying the offense in any way.
10    (b) If the court grants a petition under this Section, the
11court must resentence the defendant in a manner that is
12consistent with the penalty the defendant would have received
13if the current law was in effect on the date when the offense
14was committed or the original sentence was imposed and the
15court may take any additional action it deems appropriate under
16the circumstances.