HB4325 104TH GENERAL ASSEMBLY

LRB104 16983 RLC 30397 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4325

Introduced 1/14/2026, by Rep. Anne Stava

SYNOPSIS AS INTRODUCED:

725 ILCS 5/122-9

Amends the Code of Criminal Procedure of 1963. Provides that an eligible offender or an eligible offender's attorney or an attorney associate of the attorney (rather than the State's Attorney of the county in which the defendant was sentenced) may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the court has 6 months from when a petition was filed to respond to the petition. Provides that the criteria for being an "eligible offender" are that the eligible offender: (1) must have been originally sentenced to 10 or more years in the Department of Corrections by a circuit court of this State; (2) must have been convicted for a crime that is not a violent crime for which the offender is seeking resentencing; (3) must have participated in educational programs, drug programs, or received earned credit through work programs; (4) must have served a minimum of 24 months in the Department of Corrections for the conviction in which the offender is seeking resentencing; (5) must not have violated serious rules or disciplinary standards within the Department of Corrections in the last 24 months prior the filing of the petition; and (6) must have remained in the least restrictive privilege level for privileges within the Department of Corrections for incarcerated persons, one year prior to the petition.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 122-9 as follows:

(725 ILCS 5/122-9)

Sec. 122-9. Motion to resentence by the People.

(a) The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. By providing a means to reevaluate a sentence after some time has passed, the General Assembly intends to provide the State's Attorney and the court with another tool to ensure that these purposes are achieved.

(b) An eligible offender, as defined in subsection (b-5), or an eligible offender's attorney or an attorney associate of the attorney At any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. The sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice.

(b-5) "Eligible offender" means a defendant who meets the following requirements to petition the sentencing court. The eligible offender:

(1) must have been originally sentenced to 10 or more years in the Department of Corrections by a circuit court of this State;

(2) must have been convicted for a crime that is not a violent crime for which the offender is seeking resentencing. In this paragraph (2), "violent crime" has the meaning provided in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act;

(3) must have participated in educational programs, drug programs, or received earned credit through work programs;

(4) must have served a minimum of 24 months in the Department of Corrections for the conviction in which the offender is seeking resentencing;

(5) must not have violated serious rules or disciplinary standards within the Department of Corrections in the last 24 months prior to the filing of the petition; and

(6) must have remained in the least restrictive privilege level for privileges within the Department of Corrections for incarcerated persons, one year prior to the petition.

(c) Upon the receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. The court has 6 months from when a petition was filed to respond to the petition.

(d) The court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Credit shall be given for time served.

(e) Victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act.

(f) A resentencing under this Section shall not reopen the defendant's conviction to challenges that would otherwise be barred.

(g) Nothing in this Section shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.

(Source: P.A. 102-102, eff. 1-1-22; 102-813, eff. 5-13-22.)