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 Bill Status of HB1804  100th General Assembly


Short Description:  CRIM PRO - RESENTENCE

House Sponsors
Rep. Kelly M. Cassidy - Rita Mayfield - Justin Slaughter - Patricia R. Bellock - John M. Cabello, Barbara Wheeler, Allen Skillicorn, Barbara Flynn Currie and Sheri Jesiel

Senate Sponsors
(Sen. Toi W. Hutchinson - Patricia Van Pelt - Pamela J. Althoff, Kimberly A. Lightford, Jim Oberweis and Karen McConnaughay)

Last Action
DateChamber Action
  5/23/2017SenatePlaced on Calendar Order of 3rd Reading May 24, 2017

Statutes Amended In Order of Appearance
725 ILCS 5/116-2.2 new


Synopsis As Introduced
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.

 Fiscal Note (Admin Office of the Illinois Courts)
 This legislation would have no fiscal impact on the State appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 This legislation does not create a State mandate.

House Floor Amendment No. 2
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).

Actions 
DateChamber Action
  2/2/2017HouseFiled with the Clerk by Rep. Kelly M. Cassidy
  2/3/2017HouseFirst Reading
  2/3/2017HouseReferred to Rules Committee
  2/14/2017HouseAssigned to Judiciary - Criminal Committee
  2/22/2017HouseDo Pass / Short Debate Judiciary - Criminal Committee; 008-005-000
  2/23/2017HousePlaced on Calendar 2nd Reading - Short Debate
  2/24/2017HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  2/24/2017HouseAdded Chief Co-Sponsor Rep. Justin Slaughter
  2/28/2017HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
  2/28/2017HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/7/2017HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/7/2017HouseFiscal Note Requested by Rep. Tom Demmer
  3/7/2017HouseState Mandates Fiscal Note Requested by Rep. Tom Demmer
  3/10/2017HouseFiscal Note Filed
  3/14/2017HouseState Mandates Fiscal Note Filed
  3/15/2017HouseAdded Co-Sponsor Rep. Barbara Wheeler
  3/15/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
  3/15/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/16/2017HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  3/21/2017HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/22/2017HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000
  3/22/2017HouseAdded Co-Sponsor Rep. Allen Skillicorn
  3/23/2017HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/30/2017HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  3/30/2017HouseAdded Co-Sponsor Rep. Sheri Jesiel
  4/4/2017HouseSecond Reading - Short Debate
  4/4/2017HouseHouse Floor Amendment No. 2 Adopted
  4/4/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/5/2017HouseThird Reading - Short Debate - Passed 072-041-000
  4/6/2017SenateArrive in Senate
  4/6/2017SenatePlaced on Calendar Order of First Reading
  4/6/2017SenateChief Senate Sponsor Sen. Toi W. Hutchinson
  4/6/2017SenateFirst Reading
  4/6/2017SenateReferred to Assignments
  4/25/2017SenateAssigned to Criminal Law
  4/26/2017SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  4/26/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  4/28/2017HouseHouse Floor Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee
  5/3/2017SenatePostponed - Criminal Law
  5/3/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. Jim Oberweis
  5/9/2017SenateDo Pass Criminal Law; 010-000-000
  5/9/2017SenatePlaced on Calendar Order of 2nd Reading May 10, 2017
  5/19/2017SenateAdded as Alternate Co-Sponsor Sen. Karen McConnaughay
  5/23/2017SenateSecond Reading
  5/23/2017SenatePlaced on Calendar Order of 3rd Reading May 24, 2017

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