Full Text of HB1591 98th General Assembly
HB1591 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1591 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-5-4.05 new | | 735 ILCS 5/2-1401 | from Ch. 110, par. 2-1401 |
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Amends the Unified Code of Corrections. Establishes criteria for the reduction of a sentence imposed for first degree murder, attempt to commit first degree murder, conspiracy to commit murder, or solicitation of murder in which the person was a victim of domestic abuse committed by the abuser. Provides that if all of the criteria are met, the person may submit in writing a petition to the circuit court for reduction of the person's sentence to the maximum sentence available for the offense at the time of its commission that was not an extended term sentence. Amends the Code of Civil Procedure to make conforming changes.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | adding Section 5-5-4.05 as follows: | 6 | | (730 ILCS 5/5-5-4.05 new) | 7 | | Sec. 5-5-4.05. First degree murder; inchoate offense by | 8 | | victim of domestic violence; reduction of sentence. | 9 | | (a) The circuit court of the circuit in which the person | 10 | | was convicted may reduce the sentence of a person who is | 11 | | serving a term of imprisonment for first degree murder or the | 12 | | prior offense of murder, attempt to commit first degree murder, | 13 | | conspiracy to commit murder, or solicitation of murder if each | 14 | | of these circumstances exist: | 15 | | (1) the person must have been tried, sentenced, or pled | 16 | | guilty to the offense prior to the effective date of the | 17 | | federal Battered Women's Testimony Act of 1992; | 18 | | (2) the person must have claimed physical or mental | 19 | | abuse, or both, as defined in Section 112A-3 of the Code of | 20 | | Criminal Procedure of 1963; | 21 | | (3) the person must have written documentation of abuse | 22 | | prior to the effective date of this amendatory Act of the | 23 | | 98th General Assembly. Documentation may include, but is |
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| 1 | | not limited to, civil or criminal court records, | 2 | | proceedings, notarized statements, police reports, and | 3 | | witness statements. Abuse must have been claimed but is not | 4 | | required to be proved; | 5 | | (4) the person must be incarcerated for the murder, | 6 | | attempt to commit first degree murder, conspiracy to commit | 7 | | murder, or solicitation of murder of his or her abuser, | 8 | | whether perpetrated by the person imprisoned or whether | 9 | | accountable for the murder, attempt to commit first degree | 10 | | murder, conspiracy to commit murder, or solicitation of | 11 | | murder under Article 5 of the Criminal Code of 2012; | 12 | | (5) the person must not have been previously convicted | 13 | | of first degree murder, a Class X felony, or a Class 1 | 14 | | felony; and | 15 | | (6) the person must have been sentenced to a term of | 16 | | imprisonment that is more than the maximum sentence that is | 17 | | not an extended term
sentence. | 18 | | (b) If all of the criteria of subsection (a) are met, the | 19 | | person may submit in writing a petition to the circuit court of | 20 | | the circuit in which the person was convicted in accordance | 21 | | with Illinois Supreme Court Rules for reduction of the person's | 22 | | sentence to the maximum sentence available for the offense at | 23 | | the time of its commission that was not an extended term | 24 | | sentence. The petition request must include all documentation | 25 | | required by subsection (a).
The circuit court of the circuit in | 26 | | which the person was convicted, within 60 business days from |
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| 1 | | the date the court receives the petition, shall review the | 2 | | petition and all submitted documents, and if the court is | 3 | | satisfied that the criteria of subsection (a) have been met | 4 | | shall reduce the petitioner's sentence to the maximum sentence | 5 | | available for the offense at the time of its commission that | 6 | | was not an extended term sentence.
| 7 | | Section 10. The Code of Civil Procedure is amended by | 8 | | changing Section 2-1401 as follows:
| 9 | | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| 10 | | Sec. 2-1401. Relief from judgments.
| 11 | | (a) Relief from final orders and judgments, after 30 days | 12 | | from the
entry thereof, may be had upon petition as provided in | 13 | | this Section.
Writs of error coram nobis and coram vobis, bills | 14 | | of review and bills
in the nature of bills of review are | 15 | | abolished. All relief heretofore
obtainable and the grounds for | 16 | | such relief heretofore available,
whether by any of the | 17 | | foregoing remedies or otherwise, shall be
available in every | 18 | | case, by proceedings hereunder, regardless of the
nature of the | 19 | | order or judgment from which relief is sought or of the
| 20 | | proceedings in which it was entered. Except as provided in | 21 | | Section 6
of the Illinois Parentage Act of 1984, there shall be | 22 | | no distinction
between actions and other proceedings, | 23 | | statutory or otherwise, as to
availability of relief, grounds | 24 | | for relief or the relief obtainable.
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| 1 | | (b) The petition must be filed in the same proceeding in | 2 | | which the
order or judgment was entered but is not a | 3 | | continuation thereof. The
petition must be supported by | 4 | | affidavit or other appropriate showing as
to matters not of | 5 | | record. All parties to the petition shall be notified
as | 6 | | provided by rule.
| 7 | | (c) Except as provided in Section 20b of the Adoption Act | 8 | | and Section
2-32 of the Juvenile Court Act of 1987 or in a | 9 | | petition based
upon Section 116-3 of the Code of Criminal | 10 | | Procedure of 1963, the petition
must be filed not later than 2 | 11 | | years after the entry of the order or judgment.
Time during | 12 | | which the person seeking relief is under legal disability or
| 13 | | duress or the ground for relief is fraudulently concealed shall | 14 | | be excluded
in computing the period of 2 years.
| 15 | | (d) The filing of a petition under this Section does not | 16 | | affect the
order or judgment, or suspend its operation.
| 17 | | (e) Unless lack of jurisdiction affirmatively appears from | 18 | | the
record proper, the vacation or modification of an order or | 19 | | judgment
pursuant to the provisions of this Section does not | 20 | | affect the right,
title or interest in or to any real or | 21 | | personal property of any person,
not a party to the original | 22 | | action, acquired for value after the entry
of the order or | 23 | | judgment but before the filing of the petition, nor
affect any | 24 | | right of any person not a party to the original action under
| 25 | | any certificate of sale issued before the filing of the | 26 | | petition,
pursuant to a sale based on the order or judgment.
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| 1 | | (f) Nothing contained in this Section affects any existing | 2 | | right to
relief from a void order or judgment, or to employ any | 3 | | existing method
to procure that relief.
| 4 | | (g) This Section does not apply to petitions filed under | 5 | | Section 5-5-4.05 of the Unified Code of Corrections. | 6 | | (Source: P.A. 95-331, eff. 8-21-07.)
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