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90_HB1371
725 ILCS 5/122-1 from Ch. 38, par. 122-1
Amends the Post-Conviction Hearing Article of the Code of
Criminal Procedure of 1963. Provides that only one petition
may be filed under the Article on behalf of the same person
for the same conviction. Provides that subsequent petitions
shall be dismissed by the court.
LRB9004434RCcd
LRB9004434RCcd
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 122-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 122-1 as follows:
7 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
8 (Text of Section before amendment by P.A. 89-684)
9 Sec. 122-1. Petition in the trial court.
10 (a) Any person imprisoned in the penitentiary who
11 asserts that in the proceedings which resulted in his or her
12 conviction there was a substantial denial of his rights under
13 the Constitution of the United States or of the State of
14 Illinois or both may institute a proceeding under this
15 Article.
16 (b) The proceeding shall be commenced by filing with the
17 clerk of the court in which the conviction took place a
18 petition (together with a copy thereof) verified by
19 affidavit. Only one petition may be filed under this Article
20 on behalf of the same person for the same conviction. Any
21 subsequent petition shall be dismissed by the court even if
22 the initial petition was legally or factually deficient.
23 Petitioner shall also serve another copy upon the State's
24 Attorney by any of the methods provided in Rule 7 of the
25 Supreme Court. The clerk shall docket the petition for
26 consideration by the court pursuant to Section 122-2.1 upon
27 his or her receipt thereof and bring the same promptly to the
28 attention of the court.
29 (c) No proceedings under this Article shall be commenced
30 more than 6 months after the denial of a petition for leave
31 to appeal or the date for filing such a petition if none is
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1 filed or more than 45 days after the defendant files his or
2 her brief in the appeal of the sentence before the Illinois
3 Supreme Court (or more than 45 days after the deadline for
4 the filing of the defendant's brief with the Illinois Supreme
5 Court if no brief is filed) or 3 years from the date of
6 conviction, whichever is sooner, unless the petitioner
7 alleges facts showing that the delay was not due to his or
8 her culpable negligence.
9 (d) A person seeking relief by filing a petition under
10 this Section must specify in the petition or its heading that
11 it is filed under this Section. A trial court that has
12 received a petition complaining of a conviction or sentence
13 that fails to specify in the petition or its heading that it
14 is filed under this Section need not evaluate the petition to
15 determine whether it could otherwise have stated some grounds
16 for relief under this Article.
17 (Source: P.A. 88-678, eff. 7-1-95; 89-284, eff. 1-1-96;
18 89-609, eff. 1-1-97.)
19 (Text of Section after amendment by P.A. 89-684)
20 Sec. 122-1. Petition in the trial court.
21 (a) Any person imprisoned in the penitentiary who
22 asserts that in the proceedings which resulted in his or her
23 conviction there was a substantial denial of his or her
24 rights under the Constitution of the United States or of the
25 State of Illinois or both may institute a proceeding under
26 this Article.
27 (b) The proceeding shall be commenced by filing with the
28 clerk of the court in which the conviction took place a
29 petition (together with a copy thereof) verified by
30 affidavit. Only one petition may be filed under this Article
31 on behalf of the same person for the same conviction. Any
32 subsequent petition shall be dismissed by the court even if
33 the initial petition was legally or factually deficient.
34 Petitioner shall also serve another copy upon the State's
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1 Attorney by any of the methods provided in Rule 7 of the
2 Supreme Court. The clerk shall docket the petition for
3 consideration by the court pursuant to Section 122-2.1 upon
4 his or her receipt thereof and bring the same promptly to the
5 attention of the court.
6 (c) No proceedings under this Article shall be commenced
7 more than 6 months after the denial of a petition for leave
8 to appeal or the date for filing such a petition if none is
9 filed or more than 45 days after the defendant files his or
10 her brief in the appeal of the sentence before the Illinois
11 Supreme Court (or more than 45 days after the deadline for
12 the filing of the defendant's brief with the Illinois Supreme
13 Court if no brief is filed) or 3 years from the date of
14 conviction, whichever is sooner, unless the petitioner
15 alleges facts showing that the delay was not due to his or
16 her culpable negligence.
17 (d) A person seeking relief by filing a petition under
18 this Section must specify in the petition or its heading that
19 it is filed under this Section. A trial court that has
20 received a petition complaining of a conviction or sentence
21 that fails to specify in the petition or its heading that it
22 is filed under this Section need not evaluate the petition to
23 determine whether it could otherwise have stated some grounds
24 for relief under this Article.
25 (e) A proceeding under this Article may not be commenced
26 on behalf of a defendant who has been sentenced to death
27 without the written consent of the defendant, unless the
28 defendant, because of a mental or physical condition, is
29 incapable of asserting his or her own claim.
30 (Source: P.A. 88-678, eff. 7-1-95; 89-284, eff. 1-1-96;
31 89-609, eff. 1-1-97; 89-684, eff. 6-1-97; revised 1-15-97.)
32 Section 95. No acceleration or delay. Where this Act
33 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.