Rep. Scott Drury
Filed: 4/5/2013
 
 

 

 

 
09800HB2961ham002LRB098 09632 RLC 43988 a



1
AMENDMENT TO HOUSE BILL 2961 




2    AMENDMENT NO. ______. Amend House Bill 2961, AS AMENDED, 
3with reference to page and line numbers of House Amendment No. 
41, by replacing lines 17 through 26 on page 4 and lines 1 
5through 14 on page 5 with the following:
6    "(f) Only one petition may be filed by a petitioner under 
7this Article
without leave of the court.
The determination as 
8to whether to grant leave of court shall be made prior to or 
9contemporaneously with any order made under paragraph (2) of 
10subsection (a) or subsection (b) of Section 122-2.1 without 
11pleadings from the State. Leave of court may be granted only if 
12a petitioner demonstrates: 
13        (1)
cause for his or her failure to bring the claim in 
14    his or her initial
post-conviction proceedings and 
15    prejudice results from that failure; or
16        (2)  that there has been a fundamental miscarriage of 
17    justice. 
18    For
purposes
of this subsection (f):
 
 
09800HB2961ham002- 2 -LRB098 09632 RLC 43988 a

1         (A) (1) a petitioner demonstrates prisoner shows cause 
2    by adequately pleading that identifying an identified 
3    objective
factor that impeded his or her ability to raise a 
4    specific claim during his or
her initial post-conviction 
5    proceedings; and 
6        (B) (2) a petitioner demonstrates prisoner shows 
7    prejudice by
adequately pleading demonstrating that the 
8    claim not raised during his or her initial
post-conviction 
9    proceedings so infected the trial that the resulting 
10    conviction
or
sentence violated due process; and .
11        (C)  a petitioner demonstrates a fundamental 
12    miscarriage of justice by adequately pleading that there is 
13    newly discovered evidence that establishes a substantial 
14    basis to believe that the petitioner is actually innocent 
15    by clear and convincing evidence.".