State of Illinois
92nd General Assembly
Legislation

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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.

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