Illinois General Assembly - Bill Status for HB1804

Amends the Code of Criminal Procedure of 1963. Allows a motion to be filed with the trial court that entered the judgment of conviction in a defendant's case at any time following the entry of a guilty verdict or a finding of guilt for any offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance by the defendant provided: (1) the motion clearly states the penalty for the offense for which the defendant was found guilty or convicted has been amended or changed and became effective after his or her plea of guilty or conviction, which includes but is not limited to: (A) reduces the minimum or maximum sentence for the offense; (B) grants the court more discretion over the range of penalties for the offense; (C) the underlying conduct relating to the offense was decriminalized; or (D) other instances in which the penalties associated with the offense or conduct underlying the offense were reduced in any way; and (2) reasonable notice of the motion is served upon the State. If the court grants a motion under this Section, it must reduce the penalty imposed on the defendant so that it 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 and the court may take any additional action it deems appropriate under the circumstances.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides upon verified petition for resentencing by the defendant (in the introduced bill, by motion), 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 (in the introduced bill, the motion is not objected to by a non-moving party); 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, reducing the minimum or maximum sentence for the offense, granting the court more discretion over the range of penalties available for the offense, or changing the penalties associated with the offense or conduct underlying the offense in any way. Provides that if the court grants a petition, 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 (in the introduced bill, if the court grants a motion, it must reduce the penalty imposed on the defendant so that it 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 and the court may take any additional action it deems appropriate under the circumstances).

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that knowledge that a vehicle or essential part is stolen or converted may be inferred: (A) from the surrounding facts and circumstances, which would lead a reasonable person to believe that the vehicle or essential part is stolen or converted; or (B) if the person exercises exclusive unexplained possession over the stolen or converted vehicle or essential part, regardless of whether the date on which the vehicle or essential part was stolen is recent or remote. Amends the Juvenile Court Act of 1987. Provides that for a minor arrested or taken into custody for vehicular hijacking or aggravated vehicular hijacking, a previous finding of delinquency for vehicular hijacking or aggravated vehicular hijacking shall be given greater weight in determining whether secured custody of a minor is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another. Effective immediately.

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