Rep. Scott Drury
Filed: 4/5/2013
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2961
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2961, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, by replacing lines 17 through 26 on page 4 and lines 1 | ||||||
5 | through 14 on page 5 with the following: | ||||||
6 | "(f) Only one petition may be filed by a petitioner under | ||||||
7 | this Article
without leave of the court.
The determination as | ||||||
8 | to whether to grant leave of court shall be made prior to or | ||||||
9 | contemporaneously with any order made under paragraph (2) of | ||||||
10 | subsection (a) or subsection (b) of Section 122-2.1 without | ||||||
11 | pleadings from the State. Leave of court may be granted only if | ||||||
12 | a 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): |
| |||||||
| |||||||
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. ".
|