HB2784 100TH GENERAL ASSEMBLY

LRB100 08578 SLF 18707 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2784

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

725 ILCS 5/116-2.2 new

Amends the Code of Criminal Procedure of 1963. Allows a motion to be filed with the trial court that entered the judgment of conviction in a defendant's case at any time following the entry of a guilty verdict or a finding of guilt for any offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance by the defendant provided: (1) the motion clearly states the penalty for the offense for which the defendant was found guilty or convicted has been amended or changed and became effective after his or her plea of guilty or conviction, which includes but is not limited to: (A) reduces the minimum or maximum sentence for the offense; (B) grants the court more discretion over the range of penalties for the offense; (C) the underlying conduct relating to the offense was decriminalized; or (D) other instances in which the penalties associated with the offense or conduct underlying the offense were reduced in any way; and (2) reasonable notice of the motion is served upon the State. Provides that if the court grants the motion, the court must reduce the penalty imposed on the defendant so that it is consistent with the penalty the defendant would have received if the current law was in effect on the date when the offense was committed and the court may take any additional action it deems appropriate under the circumstances.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 116-2.2 as follows:

(725 ILCS 5/116-2.2 new)

Sec. 116-2.2. Motion to resentence; statutory penalty reduction.\

(a) A motion may be filed with the trial court that entered the judgment of conviction in a defendant's case at any time following the entry of a guilty verdict or a finding of guilt for any offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance by the defendant provided:

(1) the motion clearly states the penalty for the offense for which the defendant was found guilty or convicted has been amended or changed and became effective after his or her plea of guilty or conviction, which includes but is not limited to:

(A) reduces the minimum or maximum sentence for the offense;

(B) grants the court more discretion over the range of penalties available for the offense;

(C) the underlying conduct relating to the offense was decriminalized; or

(D) other instances in which the penalties associated with the offense or conduct underlying the offense were reduced in any way; and

(2) reasonable notice of the motion shall be served upon the State.

(b) If the court grants a motion under this Section, the court must reduce the penalty imposed on the defendant so that it is consistent with the penalty the defendant would have received if the current law was in effect on the date when the offense was committed and the court may take any additional action it deems appropriate under the circumstances.