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Public Act 102-0102


 

Public Act 0102 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0102
 
SB2129 EnrolledLRB102 16629 KMF 22029 b

    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 123 as follows:
 
    (725 ILCS 5/123 new)
    Sec. 123. Motion to resentence by the People.
    (a) The purpose of sentencing is to advance public safety
through punishment, rehabilitation, and restorative justice.
By providing a means to reevaluate a sentence after some time
has passed, the General Assembly intends to provide the
State's Attorney and the court with another tool to ensure
that these purposes are achieved.
    (b) At any time upon the recommendation of the State's
Attorney of the county in which the defendant was sentenced,
the State's Attorney may petition the sentencing court or the
sentencing court's successor to resentence the offender if the
original sentence no longer advances the interests of justice.
The sentencing court or the sentencing court's successor may
resentence the offender if it finds that the original sentence
no longer advances the interests of justice.
    (c) Upon the receipt of a petition for resentencing, the
court may resentence the defendant in the same manner as if the
offender had not previously been sentenced; however, the new
sentence, if any, may not be greater than the initial
sentence.
    (d) The court may consider postconviction factors,
including, but not limited to, the inmate's disciplinary
record and record of rehabilitation while incarcerated;
evidence that reflects whether age, time served, and
diminished physical condition, if any, have reduced the
inmate's risk for future violence; and evidence that reflects
changed circumstances since the inmate's original sentencing
such that the inmate's continued incarceration no longer
serves the interests of justice. Credit shall be given for
time served.
    (e) Victims shall be afforded all rights as outlined in
the Rights of Crime Victims and Witnesses Act.
    (f) A resentencing under this Section shall not reopen the
defendant's conviction to challenges that would otherwise be
barred.
    (g) Nothing in this Section shall be construed to limit
the power of the Governor under the Constitution to grant a
reprieve, commutation of sentence, or pardon.

Effective Date: 1/1/2022