101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2039

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/116-2.2 new

    Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance for which the statutory penalty has been subsequently reduced or altered may petition the trial court that entered the judgment of conviction to request resentencing or dismissal in accordance with the statutory penalty in effect at the time of the filing of the petition. Provides that upon verified petition for resentencing by the defendant, 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 statutory penalty for the offense for which the defendant was found guilty or convicted, since his or her plea of guilty or conviction, has been subsequently reduced or altered in a manner that includes, but is not limited to: (A) reducing the minimum or maximum sentence for the offense; (B) granting the court more discretion over the range of penalties available for the offense; or (C) changing the penalties associated with the offense or conduct underlying the offense in any way.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

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. Petition to resentence; statutory penalty
8reduction.
9    (a) A person serving a sentence for any criminal offense
10under the Criminal Code of 1961 or the Criminal Code of 2012 or
11a similar local ordinance for which the statutory penalty has
12been subsequently reduced or altered may petition the trial
13court that entered the judgment of conviction to request
14resentencing or dismissal in accordance with the statutory
15penalty in effect at the time of the filing of the petition.
16    (b) Upon verified petition for resentencing by the
17defendant, the trial court that entered the judgment of
18conviction in a defendant's case may order resentencing at any
19time after 30 days have passed following the imposition of a
20sentence under a guilty verdict or a finding of guilt for any
21criminal offense under the Criminal Code of 1961 or the
22Criminal Code of 2012 or a similar local ordinance provided:
23        (1) the State's Attorney or other prosecuting attorney

 

 

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1    is given at least 30-day notice of the filing of the
2    petition seeking resentencing; and
3        (2) the statutory penalty for the offense for which the
4    defendant was found guilty or convicted, since his or her
5    plea of guilty or conviction, has been subsequently reduced
6    or altered in a manner that includes, but is not limited
7    to:
8            (A) reducing the minimum or maximum sentence for
9        the offense;
10            (B) granting the court more discretion over the
11        range of penalties available for the offense; or
12            (C) changing the penalties associated with the
13        offense or conduct underlying the offense in any way.
14    (c) In determining whether to grant a petition under this
15Section, the court shall determine whether the petitioner
16satisfies the criteria in subsection (b). If the petitioner
17satisfies the criteria in subsection (b), the court shall
18resentence the defendant in a manner that is consistent with
19the penalty the defendant would have received if the statutory
20penalty in effect at the time of the filing of the petition was
21in effect on the date when the offense was committed or the
22original sentence was imposed, unless the court, in its
23discretion, determines that resentencing the petitioner would
24pose an unreasonable risk of danger to public safety. In
25exercising its discretion, the court may consider any of the
26following:

 

 

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1        (1) the petitioner's criminal conviction history,
2    including the type of offenses committed, the extent of
3    injury to victims, the length of prior prison commitments,
4    and the remoteness of the offenses;
5        (2) the petitioner's disciplinary record and record of
6    rehabilitation while incarcerated; and
7        (3) any other evidence the court, within its
8    discretion, determines to be relevant in deciding whether a
9    new sentence would result in an unreasonable risk of danger
10    to public safety.
11    In this subsection (c), "unreasonable risk of danger to
12public safety" means an unreasonable risk that the petitioner
13will commit a new violent felony under the Criminal Code of
142012.
15    (d) A person who is resentenced under subsection (b) shall
16be given credit for time served and shall be subject to parole
17or mandatory supervised release for one year following
18completion of his or her sentence, unless the court, in its
19discretion, as part of its resentencing order, releases the
20person from parole or mandatory supervised release.
21    (e) Resentencing under this Section may not result in the
22imposition of a term of imprisonment longer than the original
23sentence.
24    (f) A person who has completed his or her sentence for a
25conviction of a felony who would have been guilty of a
26misdemeanor if the current law was in effect on the date when

 

 

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1the offense was committed or the original sentence was imposed,
2may petition the trial court that entered the judgment of
3conviction in his or her case to have the felony conviction
4designated as a misdemeanor.
5    (g) If the petition satisfies the criteria in subsection
6(f), the court shall designate the felony offense as a
7misdemeanor.
8    (h) A person who has completed his or her sentence for a
9conviction of a felony who would not have been guilty of an
10offense if the statutory penalty in effect at the time of the
11filing of the petition was in effect on the date when the
12offense was committed or the original sentence was imposed, may
13file an application before the trial court that entered the
14judgment of conviction in his or her case to have the
15conviction dismissed and sealed.