Illinois General Assembly - Full Text of SB2129
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Full Text of SB2129  102nd General Assembly

SB2129 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2129

 

Introduced 2/26/2021, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/123 new

    Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.


LRB102 16629 KMF 22029 b

 

 

A BILL FOR

 

SB2129LRB102 16629 KMF 22029 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17sentencing court's successor to resentence the offender if the
18original sentence no longer advances the interests of justice.
19The sentencing court or the sentencing court's successor may
20resentence the offender if it finds that the original sentence
21no longer advances the interests of justice.
22    (c) Upon the receipt of a petition for resentencing, the
23court may resentence the defendant in the same manner as if the

 

 

SB2129- 2 -LRB102 16629 KMF 22029 b

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