Rep. Scott Drury

Filed: 4/5/2013





09800HB2961ham002LRB098 09632 RLC 43988 a


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



09800HB2961ham002- 2 -LRB098 09632 RLC 43988 a

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.".