State of Illinois
91st General Assembly

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 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    changing Section 122-1.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Code of Criminal  Procedure  of  1963  is
 6    amended by changing Section 122-1 as follows:

 7        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
 8        Sec. 122-1. Petition in the trial court.
 9        (a)  Any   person  imprisoned  in  the  penitentiary  may
10    institute a proceeding under this Article if the  person  who
11    asserts:
12             (1)  that  in  the proceedings which resulted in his
13        or her conviction there was a substantial denial  of  his
14        or her rights under the Constitution of the United States
15        or of the State of Illinois or both; or
16             (2)  in  a  capital  case, there is newly discovered
17        evidence not available to the person at the time  of  the
18        proceeding  that  resulted  in  his or her conviction and
19        that evidence establishes the person's innocence.
20        (a-5)  A proceeding under paragraph (2) of subsection (a)
21    may be commenced at any time after  the  person's  conviction
22    notwithstanding  any  other  provisions  of  may  institute a
23    proceeding under this Article.
24        (b)  The proceeding shall be commenced by filing with the
25    clerk of the court in  which  the  conviction  took  place  a
26    petition   (together   with   a  copy  thereof)  verified  by
27    affidavit.  Petitioner shall also serve another copy upon the
28    State's Attorney by any of the methods provided in Rule 7  of
29    the  Supreme  Court.  The clerk shall docket the petition for
30    consideration by the court pursuant to Section  122-2.1  upon
31    his or her receipt thereof and bring the same promptly to the
                            -2-                LRB9112973RCpr
 1    attention of the court.
 2        (c)  Except as otherwise provided in subsection (a-5), no
 3    proceedings under this Article shall be commenced more than 6
 4    months after the denial of a petition for leave  to appeal or
 5    the  date for filing such a petition if none is filed or more
 6    than 45 days after the defendant files his or  her  brief  in
 7    the  appeal of the sentence before the Illinois Supreme Court
 8    (or more than 45 days after the deadline for  the  filing  of
 9    the  defendant's  brief with the Illinois Supreme Court if no
10    brief is filed) or 3  years  from  the  date  of  conviction,
11    whichever  is  sooner,  unless  the  petitioner alleges facts
12    showing that the delay was not due to  his  or  her  culpable
13    negligence.
14        (d)  A  person  seeking relief by filing a petition under
15    this Section must specify in the petition or its heading that
16    it is filed under this Section.    A  trial  court  that  has
17    received  a  petition complaining of a conviction or sentence
18    that fails to specify in the petition or its heading that  it
19    is filed under this Section need not evaluate the petition to
20    determine whether it could otherwise have stated some grounds
21    for relief under this Article.
22        (e)  A proceeding under this Article may not be commenced
23    on  behalf  of  a  defendant  who has been sentenced to death
24    without the written consent  of  the  defendant,  unless  the
25    defendant,  because  of  a  mental  or physical condition, is
26    incapable of asserting his or her own claim.
27    (Source: P.A.  89-284,  eff.  1-1-96;  89-609,  eff.  1-1-97;
28    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)

29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.

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