Sen. Toi W. Hutchinson
Filed: 2/14/2018
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| 1 | AMENDMENT TO HOUSE BILL 1804
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| 2 | AMENDMENT NO. ______. Amend House Bill 1804 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by adding Section 116-2.2 as follows:
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| 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 | ||||||
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| 1 | defendant, the trial court that entered the judgment of | ||||||
| 2 | conviction in a defendant's case may order resentencing at any | ||||||
| 3 | time after 30 days have passed following the imposition of a | ||||||
| 4 | sentence under a guilty verdict or a finding of guilt for any | ||||||
| 5 | criminal offense under the Criminal Code of 1961 or the | ||||||
| 6 | Criminal Code of 2012 or a similar local ordinance provided: | ||||||
| 7 | (1) the State's Attorney or other prosecuting attorney | ||||||
| 8 | is given at least 30-day notice of the filing of the | ||||||
| 9 | petition seeking resentencing; and | ||||||
| 10 | (2) the statutory penalty for the offense for which the | ||||||
| 11 | defendant was found guilty or convicted, since his or her | ||||||
| 12 | plea of guilty or conviction, has been subsequently reduced | ||||||
| 13 | or altered in a manner that includes, but is not limited | ||||||
| 14 | to: | ||||||
| 15 | (A) reducing the minimum or maximum sentence for | ||||||
| 16 | the offense; | ||||||
| 17 | (B) granting the court more discretion over the | ||||||
| 18 | range of penalties available for the offense; or | ||||||
| 19 | (C) changing the penalties associated with the | ||||||
| 20 | offense or conduct underlying the offense in any way. | ||||||
| 21 | (c) In determining whether to grant a petition under this | ||||||
| 22 | Section, the court shall determine whether the petitioner | ||||||
| 23 | satisfies the criteria in subsection (b). If the petitioner | ||||||
| 24 | satisfies the criteria in subsection (b), the court shall | ||||||
| 25 | resentence the defendant in a manner that is consistent with | ||||||
| 26 | the penalty the defendant would have received if the statutory | ||||||
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| 1 | penalty in effect at the time of the filing of the petition was | ||||||
| 2 | in effect on the date when the offense was committed or the | ||||||
| 3 | original sentence was imposed, unless the court, in its | ||||||
| 4 | discretion, determines that resentencing the petitioner would | ||||||
| 5 | pose an unreasonable risk of danger to public safety. In | ||||||
| 6 | exercising its discretion, the court may consider any of the | ||||||
| 7 | following: | ||||||
| 8 | (1) the petitioner's criminal conviction history, | ||||||
| 9 | including the type of offenses committed, the extent of | ||||||
| 10 | injury to victims, the length of prior prison commitments, | ||||||
| 11 | and the remoteness of the offenses; | ||||||
| 12 | (2) the petitioner's disciplinary record and record of | ||||||
| 13 | rehabilitation while incarcerated; and | ||||||
| 14 | (3) any other evidence the court, within its | ||||||
| 15 | discretion, determines to be relevant in deciding whether a | ||||||
| 16 | new sentence would result in an unreasonable risk of danger | ||||||
| 17 | to public safety. | ||||||
| 18 | In this subsection (c), "unreasonable risk of danger to | ||||||
| 19 | public safety" means an unreasonable risk that the petitioner | ||||||
| 20 | will commit a new violent felony under the Criminal Code of | ||||||
| 21 | 2012. | ||||||
| 22 | (d) A person who is resentenced under subsection (b) shall | ||||||
| 23 | be given credit for time served and shall be subject to parole | ||||||
| 24 | or mandatory supervised release for one year following | ||||||
| 25 | completion of his or her sentence, unless the court, in its | ||||||
| 26 | discretion, as part of its resentencing order, releases the | ||||||
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| 1 | person from parole or mandatory supervised release. | ||||||
| 2 | (e) Resentencing under this Section may not result in the | ||||||
| 3 | imposition of a term of imprisonment longer than the original | ||||||
| 4 | sentence. | ||||||
| 5 | (f) A person who has completed his or her sentence for a | ||||||
| 6 | conviction of a felony who would have been guilty of a | ||||||
| 7 | misdemeanor if the current law was in effect on the date when | ||||||
| 8 | the offense was committed or the original sentence was imposed, | ||||||
| 9 | may petition the trial court that entered the judgment of | ||||||
| 10 | conviction in his or her case to have the felony conviction | ||||||
| 11 | designated as a misdemeanor. | ||||||
| 12 | (g) If the petition satisfies the criteria in subsection | ||||||
| 13 | (f), the court shall designate the felony offense as a | ||||||
| 14 | misdemeanor. | ||||||
| 15 | (h) A person who has completed his or her sentence for a | ||||||
| 16 | conviction of a felony who would not have been guilty of an | ||||||
| 17 | offense if the statutory penalty in effect at the time of the | ||||||
| 18 | filing of the petition was in effect on the date when the | ||||||
| 19 | offense was committed or the original sentence was imposed, may | ||||||
| 20 | file an application before the trial court that entered the | ||||||
| 21 | judgment of conviction in his or her case to have the | ||||||
| 22 | conviction dismissed and sealed.".
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