Rep. Scott Drury
|09800HB2961ham002||LRB098 09632 RLC 43988 a|
AMENDMENT TO HOUSE BILL 2961
AMENDMENT NO. ______. Amend House Bill 2961, AS AMENDED,
with reference to page and line numbers of House Amendment No.
1, by replacing lines 17 through 26 on page 4 and lines 1
through 14 on page 5 with the following:
"(f) Only one petition may be filed by a petitioner under
without leave of the court.
The determination as
to whether to grant leave of court shall be made prior to or
contemporaneously with any order made under paragraph (2) of
subsection (a) or subsection (b) of Section 122-2.1 without
pleadings from the State.
Leave of court may be granted
a petitioner demonstrates
cause for his or her failure to bring the claim in
his or her initial
post-conviction proceedings and
prejudice results from that failure
(2) that there has been a fundamental miscarriage of
of this subsection (f):