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92_SB1154 LRB9207919REks 1 AN ACT to amend certain Acts in relation to sentencing. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by adding Section 116-5 as follows: 6 (725 ILCS 5/116-5 new) 7 Sec. 116-5. Prosecutor's misconduct during sentencing; 8 resentencing. 9 (a) The court may resentence a defendant in a capital 10 case on the grounds of a prosecutor's misconduct during 11 sentencing that the court determines is sufficiently material 12 to effect the reliability of the sentence imposed. 13 (b) The court may resentence a defendant under this 14 Section on the defendant's written motion or on the court's 15 own motion. 16 (c) The court may impose sanctions against a defendant's 17 counsel if the court determines that the counsel made a 18 motion under this Section other than in good faith. For 19 purposes of this subsection, a counsel's motion shall be 20 considered to be in good faith if the counsel reasonably 21 believed that the prosecutor's conduct was sufficient to 22 warrant resentencing of the defendant under this Section. 23 Section 10. The Unified Code of Corrections is amended by 24 adding Section 5-4-1.5 as follows: 25 (730 ILCS 5/5-4-1.5 new) 26 Sec. 5-4-1.5. Prosecutor's misconduct during sentencing; 27 resentencing. 28 (a) The court may resentence a defendant in a capital 29 case on the grounds of a prosecutor's misconduct during -2- LRB9207919REks 1 sentencing that the court determines is sufficiently material 2 to affect the reliability of the sentence imposed. 3 (b) The court may resentence a defendant under this 4 Section on the defendant's oral or written motion or on the 5 court's own motion. A motion under this subsection may be 6 made any time after sentencing. 7 (c) The court may impose sanctions against a defendant's 8 counsel if the court determines that the counsel made a 9 motion under this Section other than in good faith. For 10 purposes of this subsection, a counsel's motion shall be 11 considered to be in good faith if the counsel reasonably 12 believed that the prosecutor's conduct was sufficient to 13 warrant resentencing of the defendant under this Section. 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.