Illinois General Assembly - Bill Status for HB2961

Amends the Code of Criminal Procedure of 1963. Allows any defendant convicted of a criminal offense (rather than only those imprisoned on a felony offense) to file a post-conviction petition challenging his or her conviction on the grounds there was a substantial denial of his or her rights under the Constitution of the United States or of the State of Illinois. Allows any defendant convicted of a criminal offense (rather than only those under sentence of death) to file a post-conviction petition on the basis of newly discovered evidence (rather than newly discovered evidence not available at the time of the proceeding in which he or she was convicted) that establishes a substantial basis to believe that the defendant is actually innocent by clear and convincing evidence. Allows a post-conviction petition to be commenced on behalf of any defendant (rather than only a defendant sentenced to death), without the written consent of the defendant, if the defendant, because of a mental or physical condition, is incapable of asserting his or her own claim. Makes conforming changes in the statute on court dismissals of post-conviction petitions.

Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Reinserts the provisions of the bill. Provides that post-conviction hearings apply to delinquency adjudications. Provides that leave of court may be granted to file more than one post-conviction petition if the petitioner demonstrates: (1) cause for his or her failure to bring the claim in his or her initial post-conviction proceedings and prejudice results from that failure; or (2) that there has been a fundamental miscarriage of justice. Provides that a petitioner demonstrates a miscarriage of justice by showing there is newly discovered evidence that establishes that it is more likely than not that the petitioner is actually innocent by clear and convincing evidence.

Provides that leave of court may be granted to file more than one post-conviction petition if the petitioner demonstrates: (1) cause for his or her failure to bring the claim in his or her initial post-conviction proceedings and prejudice results from that failure; or (2) that there has been a fundamental miscarriage of justice. Provides that a petitioner demonstrates a fundamental miscarriage of justice by adequately pleading that there is newly discovered evidence that establishes a substantial basis to believe that the petitioner is actually innocent by clear and convincing evidence. Establishes when the determination as to whether to grant leave of court shall be made.

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