Illinois General Assembly - Full Text of HB3443
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Full Text of HB3443  102nd General Assembly

HB3443ham001 102ND GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 4/19/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3443

2    AMENDMENT NO. ______. Amend House Bill 3443 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 123 as follows:
 
6    (725 ILCS 5/123 new)
7    Sec. 123. Motion to resentence by the People.
8    (a) The purpose of sentencing is to advance public safety
9through punishment, rehabilitation, and restorative justice.
10By providing a means to reevaluate a sentence after some time
11has passed, the General Assembly intends to provide the
12State's Attorney and the court with another tool to ensure
13that these purposes are achieved.
14    (b) At any time upon the recommendation of the State's
15Attorney of the county in which the defendant was sentenced,
16the State's Attorney may petition the sentencing court or the

 

 

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1sentencing court's successor to resentence the offender if the
2original sentence no longer advances the interests of justice.
3The sentencing court or the sentencing court's successor may
4resentence the offender if it finds that the original sentence
5no longer advances the interests of justice.
6    (c) Upon the receipt of a petition for resentencing, the
7court may resentence the defendant in the same manner as if the
8offender had not previously been sentenced; however, the new
9sentence, if any, may not be greater than the initial
10sentence.
11    (d) The court may consider postconviction factors,
12including, but not limited to, the inmate's disciplinary
13record and record of rehabilitation while incarcerated;
14evidence that reflects whether age, time served, and
15diminished physical condition, if any, have reduced the
16inmate's risk for future violence; and evidence that reflects
17changed circumstances since the inmate's original sentencing
18such that the inmate's continued incarceration no longer
19serves the interests of justice. Credit shall be given for
20time served.
21    (e) Victims shall be afforded all rights as outlined in
22the Rights of Crime Victims and Witnesses Act.
23    (f) A resentencing under this Section shall not reopen the
24defendant's conviction to challenges that would otherwise be
25barred.
26    (g) Nothing in this Section shall be construed to limit

 

 

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1the power of the Governor under the Constitution to grant a
2reprieve, commutation of sentence, or pardon.".