Full Text of HB3238 98th General Assembly
HB3238 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3238 Introduced , by Rep. Kenneth Dunkin SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-5-4.05 new | | 735 ILCS 5/2-1401 | from Ch. 110, par. 2-1401 |
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Amends the Unified Code of Corrections. Establishes criteria for the reduction of a sentence imposed for first degree murder in which the murderer was a victim of domestic abuse committed by the murdered person. Provides that if all of the criteria are met, the murderer may submit in writing a petition to the Illinois Supreme Court for reduction of the murderer's sentence to the maximum sentence available for the offense at the time of its commission that was not an extended term sentence. Amends the Code of Civil Procedure to make conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | adding Section 5-5-4.05 as follows: | 6 | | (730 ILCS 5/5-5-4.05 new) | 7 | | Sec. 5-5-4.05. First degree murder by victim of domestic | 8 | | violence; reduction of sentence. | 9 | | (a) The Supreme Court may reduce the sentence of a person | 10 | | who is serving a term of imprisonment for first degree murder | 11 | | or the prior offense of murder if each of these circumstances | 12 | | exist: | 13 | | (1) the murderer must have been tried, sentenced, or | 14 | | pled guilty to the offense prior to the effective date of | 15 | | the federal Battered Women's Testimony Act of 1992; | 16 | | (2) the murderer must have claimed abuse
as defined in | 17 | | Section 112A-3 of the Code of Criminal Procedure of 1963; | 18 | | (3) the murderer must have written documentation of | 19 | | abuse prior to the effective date of this amendatory Act of | 20 | | the 98th General Assembly. Documentation may include, but | 21 | | is not limited to, civil or criminal court records, | 22 | | proceedings, notarized statements, police reports, and | 23 | | witness statements. Abuse must have been claimed but is not |
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| 1 | | required to be proved; | 2 | | (4) the murderer must be incarcerated for the murder of | 3 | | his or her abuser, whether perpetrated by the murderer or | 4 | | whether accountable for the murder under Article 5 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012; | 6 | | (5) the murderer must not have been previously | 7 | | convicted of first degree murder, a Class X felony, or a | 8 | | Class 1 felony; and | 9 | | (6) the murderer must have been sentenced to a term of | 10 | | imprisonment that is more than the maximum sentence that is | 11 | | not an extended term
sentence. | 12 | | (b) If all of the criteria of subsection (a) are met, the | 13 | | murderer may submit in writing a petition to the Illinois | 14 | | Supreme Court for reduction of the murderer's sentence to the | 15 | | maximum sentence available for the offense at the time of its | 16 | | commission that was not an extended term sentence. The petition | 17 | | request must include all documentation required by subsection | 18 | | (a).
The Supreme Court, within 60 business days from the date | 19 | | the Court receives the petition, shall review the petition and | 20 | | all submitted documents, and if the Court is satisfied that the | 21 | | criteria of subsection (a) have been met shall reduce the | 22 | | petitioner's sentence to the maximum sentence available for the | 23 | | offense at the time of its commission that was not an extended | 24 | | term sentence.
| 25 | | Section 10. The Code of Civil Procedure is amended by |
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| 1 | | changing Section 2-1401 as follows:
| 2 | | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| 3 | | Sec. 2-1401. Relief from judgments.
| 4 | | (a) Relief from final orders and judgments, after 30 days | 5 | | from the
entry thereof, may be had upon petition as provided in | 6 | | this Section.
Writs of error coram nobis and coram vobis, bills | 7 | | of review and bills
in the nature of bills of review are | 8 | | abolished. All relief heretofore
obtainable and the grounds for | 9 | | such relief heretofore available,
whether by any of the | 10 | | foregoing remedies or otherwise, shall be
available in every | 11 | | case, by proceedings hereunder, regardless of the
nature of the | 12 | | order or judgment from which relief is sought or of the
| 13 | | proceedings in which it was entered. Except as provided in | 14 | | Section 6
of the Illinois Parentage Act of 1984, there shall be | 15 | | no distinction
between actions and other proceedings, | 16 | | statutory or otherwise, as to
availability of relief, grounds | 17 | | for relief or the relief obtainable.
| 18 | | (b) The petition must be filed in the same proceeding in | 19 | | which the
order or judgment was entered but is not a | 20 | | continuation thereof. The
petition must be supported by | 21 | | affidavit or other appropriate showing as
to matters not of | 22 | | record. All parties to the petition shall be notified
as | 23 | | provided by rule.
| 24 | | (c) Except as provided in Section 20b of the Adoption Act | 25 | | and Section
2-32 of the Juvenile Court Act of 1987 or in a |
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| 1 | | petition based
upon Section 116-3 of the Code of Criminal | 2 | | Procedure of 1963, the petition
must be filed not later than 2 | 3 | | years after the entry of the order or judgment.
Time during | 4 | | which the person seeking relief is under legal disability or
| 5 | | duress or the ground for relief is fraudulently concealed shall | 6 | | be excluded
in computing the period of 2 years.
| 7 | | (d) The filing of a petition under this Section does not | 8 | | affect the
order or judgment, or suspend its operation.
| 9 | | (e) Unless lack of jurisdiction affirmatively appears from | 10 | | the
record proper, the vacation or modification of an order or | 11 | | judgment
pursuant to the provisions of this Section does not | 12 | | affect the right,
title or interest in or to any real or | 13 | | personal property of any person,
not a party to the original | 14 | | action, acquired for value after the entry
of the order or | 15 | | judgment but before the filing of the petition, nor
affect any | 16 | | right of any person not a party to the original action under
| 17 | | any certificate of sale issued before the filing of the | 18 | | petition,
pursuant to a sale based on the order or judgment.
| 19 | | (f) Nothing contained in this Section affects any existing | 20 | | right to
relief from a void order or judgment, or to employ any | 21 | | existing method
to procure that relief.
| 22 | | (g) This Section does not apply to petitions filed under | 23 | | Section 5-5-4.05 of the Unified Code of Corrections. | 24 | | (Source: P.A. 95-331, eff. 8-21-07.)
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