Full Text of HB5399 96th General Assembly
HB5399eng 96TH GENERAL ASSEMBLY
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HB5399 Engrossed |
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LRB096 18317 RLC 33692 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-3-13 as follows:
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| (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
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| Sec. 3-3-13. Procedure for Executive Clemency.
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| (a) Petitions seeking pardon, commutation, or reprieve | 9 |
| shall be
addressed to the Governor and filed with the Prisoner | 10 |
| Review
Board. The petition shall be in writing and signed by | 11 |
| the
person under conviction or by a person on his behalf. It | 12 |
| shall
contain a brief history of the case, the reasons for | 13 |
| seeking
executive clemency, and other relevant information the | 14 |
| Board may require.
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| (a-5) After a petition has been denied by the Governor, the | 16 |
| Board may not
accept a repeat petition for executive clemency | 17 |
| for the same person until one
full year has elapsed from the | 18 |
| date of the denial. The Chairman of the Board
may waive the | 19 |
| one-year requirement if the petitioner offers in writing
new | 20 |
| information that was unavailable to the petitioner at the time
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| of the filing of the prior petition and which the Chairman | 22 |
| determines to be
significant. The Chairman also may waive the | 23 |
| one-year
waiting period if the petitioner can show that a |
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HB5399 Engrossed |
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LRB096 18317 RLC 33692 b |
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| change in circumstances of a
compelling humanitarian nature has | 2 |
| arisen since the denial of the prior
petition.
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| (b) Notice of the proposed application shall be given by
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| the Board to the committing court and the state's attorney of
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| the county where the conviction was had.
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| (c) The Board shall, if requested and upon due notice,
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| a hearing to each application, allowing representation by
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| counsel, if desired, after which it shall confidentially
advise | 9 |
| the Governor by a written report of its recommendations
which | 10 |
| shall be determined by majority vote. The Board shall
meet to | 11 |
| consider such petitions no less than 4 times each
year.
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| Application for executive clemency under this Section may | 13 |
| not be commenced
on behalf of a person who has been sentenced | 14 |
| to death without the written
consent of the defendant, unless | 15 |
| the defendant, because of a mental or
physical condition, is | 16 |
| incapable of asserting his or her own claim.
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| (d) The Governor shall , to the extent possible, decide each | 18 |
| application and
communicate his decision to the Board within | 19 |
| one year after the hearing by the Board on the petition seeking | 20 |
| a pardon, commutation, or reprieve. The Board which shall | 21 |
| notify the
petitioner of the Governor's decision .
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| In the event a petitioner who has been convicted of a Class | 23 |
| X felony is
granted a release, after the Governor has | 24 |
| communicated such decision to
the Board, the Board shall give | 25 |
| written notice to the Sheriff of the county
from which the | 26 |
| offender was sentenced if such sheriff has requested that
such |
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HB5399 Engrossed |
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LRB096 18317 RLC 33692 b |
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| notice be given on a continuing basis. In cases where arrest of | 2 |
| the
offender or the commission of the offense took place in any | 3 |
| municipality
with a population of more than 10,000 persons, the | 4 |
| Board shall also give
written notice to the proper law | 5 |
| enforcement agency for said municipality
which has requested | 6 |
| notice on a continuing basis.
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| (e) Nothing in this Section shall be construed to limit the | 8 |
| power of the
Governor under the constitution to grant a | 9 |
| reprieve, commutation of sentence,
or pardon.
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| (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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