Full Text of HB4828 100th General Assembly
HB4828eng 100TH GENERAL ASSEMBLY |
| | HB4828 Engrossed | | LRB100 19210 RLC 34476 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 8 | | reduction. | 9 | | (a) A person serving a sentence for any criminal offense | 10 | | under the Criminal Code of 1961 or the Criminal Code of 2012 or | 11 | | a similar local ordinance for which the statutory penalty has | 12 | | been subsequently reduced or altered may petition the trial | 13 | | court that entered the judgment of conviction to request | 14 | | resentencing or dismissal in accordance with the statutory | 15 | | penalty in effect at the time of the filing of the petition. | 16 | | (b) Upon verified petition for resentencing by the | 17 | | defendant, the trial court that entered the judgment of | 18 | | conviction in a defendant's case may order resentencing at any | 19 | | time after 30 days have passed following the imposition of a | 20 | | sentence under a guilty verdict or a finding of guilt for any | 21 | | criminal offense under the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012 or a similar local ordinance provided: | 23 | | (1) the State's Attorney or other prosecuting attorney |
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| 1 | | is given at least 30-day notice of the filing of the | 2 | | petition seeking resentencing; and | 3 | | (2) the statutory penalty for the offense for which the | 4 | | defendant was found guilty or convicted, since his or her | 5 | | plea of guilty or conviction, has been subsequently reduced | 6 | | or altered in a manner that includes, but is not limited | 7 | | to: | 8 | | (A) reducing the minimum or maximum sentence for | 9 | | the offense; | 10 | | (B) granting the court more discretion over the | 11 | | range of penalties available for the offense; or | 12 | | (C) changing the penalties associated with the | 13 | | offense or conduct underlying the offense in any way. | 14 | | (c) In determining whether to grant a petition under this | 15 | | Section, the court shall determine whether the petitioner | 16 | | satisfies the criteria in subsection (b). If the petitioner | 17 | | satisfies the criteria in subsection (b), the court shall | 18 | | resentence the defendant in a manner that is consistent with | 19 | | the penalty the defendant would have received if the statutory | 20 | | penalty in effect at the time of the filing of the petition was | 21 | | in effect on the date when the offense was committed or the | 22 | | original sentence was imposed, unless the court, in its | 23 | | discretion, determines that resentencing the petitioner would | 24 | | pose an unreasonable risk of danger to public safety. In | 25 | | exercising its discretion, the court may consider any of the | 26 | | following: |
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| 1 | | (1) the petitioner's criminal conviction history, | 2 | | including the type of offenses committed, the extent of | 3 | | injury to victims, the length of prior prison commitments, | 4 | | and the remoteness of the offenses; | 5 | | (2) the petitioner's disciplinary record and record of | 6 | | rehabilitation while incarcerated; and | 7 | | (3) any other evidence the court, within its | 8 | | discretion, determines to be relevant in deciding whether a | 9 | | new sentence would result in an unreasonable risk of danger | 10 | | to public safety. | 11 | | In this subsection (c), "unreasonable risk of danger to | 12 | | public safety" means an unreasonable risk that the petitioner | 13 | | will commit a new violent felony under the Criminal Code of | 14 | | 2012. | 15 | | (d) A person who is resentenced under subsection (b) shall | 16 | | be given credit for time served and shall be subject to parole | 17 | | or mandatory supervised release for one year following | 18 | | completion of his or her sentence, unless the court, in its | 19 | | discretion, as part of its resentencing order, releases the | 20 | | person from parole or mandatory supervised release. | 21 | | (e) Resentencing under this Section may not result in the | 22 | | imposition of a term of imprisonment longer than the original | 23 | | sentence. | 24 | | (f) A person who has completed his or her sentence for a | 25 | | conviction of a felony who would have been guilty of a | 26 | | misdemeanor if the current law was in effect on the date when |
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| 1 | | the offense was committed or the original sentence was imposed, | 2 | | may petition the trial court that entered the judgment of | 3 | | conviction in his or her case to have the felony conviction | 4 | | designated as a misdemeanor. | 5 | | (g) If the petition satisfies the criteria in subsection | 6 | | (f), the court shall designate the felony offense as a | 7 | | misdemeanor. | 8 | | (h) A person who has completed his or her sentence for a | 9 | | conviction of a felony who would not have been guilty of an | 10 | | offense if the statutory penalty in effect at the time of the | 11 | | filing of the petition was in effect on the date when the | 12 | | offense was committed or the original sentence was imposed, may | 13 | | file an application before the trial court that entered the | 14 | | judgment of conviction in his or her case to have the | 15 | | conviction dismissed and sealed.
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