99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3322
 
Introduced , by Rep. Kelly M. Cassidy
 
SYNOPSIS AS INTRODUCED:
 

 
725 ILCS 5/116-2.2 new

     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.
  


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A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by adding Section 116-2.2 as follows:
 
6    (725 ILCS 5/116-2.2 new)
7    Sec. 116-2.2. Motion to resentence; statutory penalty 
8reduction. 
9    (a) A motion may be filed with the trial court that entered 
10the judgment of conviction in a defendant's case at any time 
11following the entry of a guilty verdict or a finding of guilt 
12for any offense under the Criminal Code of 1961 or the Criminal 
13Code of 2012 or a similar local ordinance by the defendant 
14provided:
15        (1) the motion clearly states the penalty for the 
16    offense for which the defendant was found guilty or 
17    convicted has been amended or changed and became effective 
18    after his or her plea of guilty or conviction, which 
19    includes  but is not limited to:
20            (A) reduces the minimum or maximum sentence for the 
21        offense;
22            (B) grants the court  more discretion over the range 
23        of penalties available for the offense;
 
 
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1            (C) the underlying conduct relating to the offense 
2        was decriminalized; or
3            (D) other instances in which  the penalties 
4        associated with the offense or conduct underlying the 
5        offense were reduced in any way; and
6        (2) reasonable notice of the motion shall be served 
7    upon the State.
8    (b) If the court grants a motion under this Section, it 
9must reduce the penalty imposed on the defendant so that it is 
10consistent with the penalty the defendant would have received 
11if the current law was in effect on the date when the offense 
12was committed and the court may take any additional action it 
13deems appropriate under the circumstances.