Illinois General Assembly - Full Text of HB3083
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Full Text of HB3083  93rd General Assembly

HB3083 93rd General Assembly


                                     LRB093 06902 RLC 07048 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Section 3-3-13 as follows:

 6        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
 7        Sec. 3-3-13.  Procedure for Executive Clemency.
 8        (a)  Petitions seeking pardon, commutation,  or  reprieve
 9    shall  be  addressed  to  the  Governor  and  filed  with the
10    Prisoner Review Board.  The petition shall be in writing  and
11    signed  by  the person under conviction or by a person on his
12    behalf. It shall contain a brief history  of  the  case,  the
13    reasons  for  seeking  executive clemency, and other relevant
14    information the Board may require.
15        (a-5)  After a petition has been denied by the  Governor,
16    the  Board  may  not  accept  a repeat petition for executive
17    clemency for the same person until 3 full years have one full
18    year has elapsed from the date of the denial, except when the
19    repeat petition for executive clemency  is  on  behalf  of  a
20    person  sentenced  to  death.   If a person on whose behalf a
21    petition for executive  clemency  has  been  filed  has  been
22    sentenced  to  death,  the Board may accept a repeat petition
23    for executive clemency for the same person at any time.   The
24    Chairman   of   the  Board  may  waive  the  3-year  one-year
25    requirement, if  applicable,  if  the  petitioner  offers  in
26    writing   new   information   that  was  unavailable  to  the
27    petitioner at the time of the filing of  the  prior  petition
28    and  which  the  Chairman  determines to be significant.  The
29    Chairman also may waive the 3-year one-year  waiting  period,
30    if  applicable,  if  the petitioner can show that a change in
31    circumstances of a compelling humanitarian nature has  arisen
                            -2-      LRB093 06902 RLC 07048 b
 1    since the denial of the prior petition.
 2        (b)  Notice of the proposed application shall be given by
 3    the Board to the committing court and the state's attorney of
 4    the county where the conviction was had.
 5        (c)  The  Board  shall, if requested and upon due notice,
 6    give a hearing to each application,  allowing  representation
 7    by  counsel,  if desired, after which it shall confidentially
 8    advise  the   Governor   by   a   written   report   of   its
 9    recommendations  which  shall be determined by majority vote.
10    The Board shall meet to consider such petitions no less  than
11    4 times each year.
12        Application for executive clemency under this Section may
13    not be commenced on behalf of a person who has been sentenced
14    to death without the written consent of the defendant, unless
15    the  defendant, because of a mental or physical condition, is
16    incapable of asserting his or her own claim.
17        (d)  The  Governor  shall  decide  each  application  and
18    communicate his decision to the Board which shall notify  the
19    petitioner.
20        In  the  event  a  petitioner who has been convicted of a
21    Class X felony is granted a release, after the  Governor  has
22    communicated such decision to the Board, the Board shall give
23    written  notice  to  the Sheriff of the county from which the
24    offender was sentenced if such  sheriff  has  requested  that
25    such  notice  be  given on a continuing basis. In cases where
26    arrest of the offender or the commission of the offense  took
27    place  in  any  municipality  with  a population of more than
28    10,000 persons, the Board shall also give written  notice  to
29    the proper law enforcement agency for said municipality which
30    has requested notice on a continuing basis.
31        (e)  Nothing  in this Section shall be construed to limit
32    the power of the Governor under the constitution to  grant  a
33    reprieve, commutation of sentence, or pardon.
34    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
                            -3-      LRB093 06902 RLC 07048 b
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.