|HB3443 Engrossed||LRB102 12812 KMF 18153 b|
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Criminal Procedure of 1963 is
amended by adding Section 123 as follows:
(725 ILCS 5/123 new)
Motion to resentence by the People.
(a) The purpose of sentencing is to advance public safety
through punishment, rehabilitation, and restorative justice.
By providing a means to reevaluate a sentence after some time
has passed, the General Assembly intends to provide the
State's Attorney and the court with another tool to ensure
that these purposes are achieved.
(b) At any time upon the recommendation of the State's
Attorney of the county in which the defendant was sentenced,
the State's Attorney may petition the sentencing court or the
sentencing court's successor to resentence the offender if the
original sentence no longer advances the interests of justice.
The sentencing court or the sentencing court's successor may
resentence the offender if it finds that the original sentence
no longer advances the interests of justice.
(c) Upon the receipt of a petition for resentencing, the
court may resentence the defendant in the same manner as if the