Full Text of HB3599 100th General Assembly
HB3599ham001 100TH GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3599
| 2 | | AMENDMENT NO. ______. Amend House Bill 3599 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | adding Section 5-621 as follows: | 6 | | (705 ILCS 405/5-621 new) | 7 | | Sec. 5-621. Post-conviction appeal. | 8 | | (a) A person detained in the Department of Juvenile Justice | 9 | | may institute a proceeding under this Section if the person | 10 | | asserts that: | 11 | | (1) in the proceedings which resulted in his or her | 12 | | adjudication there was a substantial denial of his or her | 13 | | rights under the Constitution of the United States or of | 14 | | the State of Illinois or both; or | 15 | | (2) there is newly discovered evidence not available to | 16 | | the person at the time of the proceeding that resulted in |
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| 1 | | his or her adjudication that establishes a substantial | 2 | | basis to believe that the person is actually innocent by | 3 | | clear and convincing evidence. | 4 | | (b) A proceeding under paragraph (1) and (2) of subsection | 5 | | (a) may be commenced within a reasonable period of time after | 6 | | the person's adjudication. In a proceeding regarding actual | 7 | | innocence, if the court determines the petition is frivolous or | 8 | | is patently without merit, the court shall dismiss the petition | 9 | | in a written order, specifying the findings of fact and | 10 | | conclusions of law it made in reaching its decision. An order | 11 | | of dismissal is a final judgment and shall be served upon the | 12 | | petitioner by certified mail within 10 days of its entry. | 13 | | (c) The proceeding shall be commenced by filing with the | 14 | | clerk of the court and with a petition verified by affidavit. | 15 | | The petitioner shall also serve another copy upon the State's | 16 | | Attorney. The clerk shall docket the petition for consideration | 17 | | by the court upon his or her receipt and bring the same | 18 | | promptly to the attention of the court. | 19 | | (d) A person seeking relief by filing a petition under this | 20 | | Section shall specify in the petition or its heading that it is | 21 | | filed under this Section. | 22 | | (e) Only one petition may be filed by a petitioner under | 23 | | this Section without leave of the court. | 24 | | Section 10. The Code of Criminal Procedure of 1963 is | 25 | | amended by changing Section 122-1 as follows:
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| 1 | | (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
| 2 | | Sec. 122-1. Petition in the trial court.
| 3 | | (a) Any person imprisoned in the penitentiary or otherwise | 4 | | confined, or subject to confinement by the State, local, or | 5 | | federal government as a result of a State criminal conviction, | 6 | | may institute a proceeding under this Article if the person | 7 | | asserts that: | 8 | | (1) in the
proceedings which resulted in his or her | 9 | | conviction there was a substantial
denial of his or her | 10 | | rights under the Constitution of the United States or
of | 11 | | the State of Illinois or both; or
| 12 | | (2) the death penalty was imposed and there is
newly | 13 | | discovered evidence not available to the person at
the time | 14 | | of the proceeding that resulted in his or her
conviction | 15 | | that establishes a substantial basis to believe that the | 16 | | defendant
is actually innocent by clear and convincing | 17 | | evidence.
| 18 | | (a-5) A proceeding under paragraph (2) of subsection (a)
| 19 | | may be commenced within a reasonable period of time after the | 20 | | person's
conviction
notwithstanding any other provisions of
| 21 | | this Article. In such a proceeding regarding
actual innocence, | 22 | | if the court determines the petition is
frivolous or is | 23 | | patently without merit, it shall dismiss the
petition in a | 24 | | written order, specifying the findings of fact
and conclusions | 25 | | of law it made in reaching its decision.
Such order of |
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| 1 | | dismissal is a final judgment and shall be
served upon the | 2 | | petitioner by certified mail within 10 days
of its entry.
| 3 | | (b) The proceeding shall be commenced by filing with the | 4 | | clerk of the court
in which the conviction took place a | 5 | | petition (together with a copy thereof)
verified by affidavit. | 6 | | Petitioner shall also serve another copy upon the
State's | 7 | | Attorney by any of the methods provided in Rule 7 of the | 8 | | Supreme
Court. The clerk shall docket the petition for | 9 | | consideration by the court
pursuant to Section 122-2.1 upon his | 10 | | or her receipt thereof and bring the same
promptly to the | 11 | | attention of the court.
| 12 | | (c) Except as otherwise provided in subsection (a-5), if
| 13 | | the petitioner is under sentence of death and a petition for | 14 | | writ of certiorari is filed,
no proceedings under this Article | 15 | | shall be commenced more than 6 months after
the conclusion of | 16 | | proceedings in the United States Supreme Court, unless the | 17 | | petitioner alleges facts showing that the delay
was
not due to | 18 | | his or her culpable negligence. If a petition for certiorari is | 19 | | not filed, no proceedings under this Article shall be commenced | 20 | | more than 6 months from the date for filing a certiorari | 21 | | petition, unless the petitioner alleges facts showing that the | 22 | | delay was not due to his or her culpable negligence.
| 23 | | When a defendant has a sentence other than death, no | 24 | | proceedings under this
Article shall be commenced more than 6 | 25 | | months after the conclusion of proceedings in the United States | 26 | | Supreme Court, unless the petitioner
alleges facts showing that |
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| 1 | | the delay was not due to his or her culpable
negligence.
If a | 2 | | petition for certiorari is not filed, no proceedings under this | 3 | | Article shall be commenced more than 6 months from the date for | 4 | | filing a certiorari petition, unless the petitioner alleges | 5 | | facts showing that the delay was not due to his or her culpable | 6 | | negligence. If a defendant does not file a direct appeal, the | 7 | | post-conviction petition shall be filed no later than 3 years | 8 | | from the date of conviction, unless the petitioner alleges | 9 | | facts showing that the delay was not due to his or her culpable | 10 | | negligence.
| 11 | | This limitation does not apply to a petition advancing a | 12 | | claim of actual
innocence. | 13 | | (d) A person seeking relief by filing a petition under this | 14 | | Section must
specify in the petition or its heading that it is | 15 | | filed under this Section.
A trial court that has received a | 16 | | petition complaining of a conviction or
sentence that fails to | 17 | | specify in the petition or its heading that it is
filed under | 18 | | this Section need not evaluate the petition to determine
| 19 | | whether it could otherwise have stated some grounds for relief | 20 | | under
this Article.
| 21 | | (e) A proceeding under this Article may not be commenced on | 22 | | behalf of a
defendant who has been sentenced to death without | 23 | | the written consent of the
defendant, unless the defendant, | 24 | | because of a mental or physical condition, is
incapable of | 25 | | asserting his or her own claim.
| 26 | | (f) Only one petition may be filed by a petitioner under |
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| 1 | | this Article
without leave of the court.
Leave of court may be | 2 | | granted only if a petitioner demonstrates
cause for his or her | 3 | | failure to bring the claim in his or her initial
| 4 | | post-conviction proceedings and prejudice results from that | 5 | | failure. For
purposes
of this subsection (f): (1) a prisoner | 6 | | shows cause by identifying an objective
factor that impeded his | 7 | | or her ability to raise a specific claim during his or
her | 8 | | initial post-conviction proceedings; and (2) a prisoner shows | 9 | | prejudice by
demonstrating that the claim not raised during his | 10 | | or her initial
post-conviction proceedings so infected the | 11 | | trial that the resulting conviction
or
sentence violated due | 12 | | process.
| 13 | | (Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03; | 14 | | 93-972, eff. 8-20-04.)".
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