IL HB1804 | 2017-2018 | 100th General Assembly

Status

Spectrum: Slight Partisan Bill (Democrat 17-7)
Status: Enrolled on May 31 2018 - 75% progression
Action: 2018-06-14 - Sent to the Governor
Text: Latest bill text (Enrolled) [HTML]

Summary

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. If the court grants a motion under this Section, it 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.

Tracking Information

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Title

CRIM PRO - RESENTENCE

Sponsors


Roll Calls

2018-05-31 - House - Concurrence in House (Y: 78 N: 24 NV: 10 Abs: 0) [PASS]
2018-05-30 - Senate - Third Reading in Senate (Y: 56 N: 0 NV: 3 Abs: 0) [PASS]
2017-04-05 - House - Third Reading in House (Y: 72 N: 41 NV: 2 Abs: 0) [PASS]

History

DateChamberAction
2018-06-14HouseSent to the Governor
2018-05-31HousePassed Both Houses
2018-05-31HouseHouse Concurs
2018-05-31HouseSenate Floor Amendment No. 2 House Concurs 078-024-002
2018-05-31HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
2018-05-31HouseRemoved Co-Sponsor Rep. Barbara Flynn Currie
2018-05-31HouseRemoved Co-Sponsor Rep. Allen Skillicorn
2018-05-31HouseAdded Co-Sponsor Rep. Luis Arroyo
2018-05-31HouseAdded Co-Sponsor Rep. Anthony DeLuca
2018-05-31HouseAdded Co-Sponsor Rep. Frances Ann Hurley
2018-05-31HouseAdded Co-Sponsor Rep. Martin J. Moylan
2018-05-31HouseAdded Co-Sponsor Rep. Michael J. Zalewski
2018-05-31HouseAdded Co-Sponsor Rep. John C. D'Amico
2018-05-31HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
2018-05-31HouseAdded Chief Co-Sponsor Rep. Kelly M. Burke
2018-05-31HouseAdded Chief Co-Sponsor Rep. David Harris
2018-05-31HouseAdded Chief Co-Sponsor Rep. Robert Martwick
2018-05-31HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
2018-05-31HouseRemove Chief Co-Sponsor Rep. John M. Cabello
2018-05-31HouseRemove Chief Co-Sponsor Rep. Patricia R. Bellock
2018-05-31HouseRemove Chief Co-Sponsor Rep. Justin Slaughter
2018-05-31HouseRemove Chief Co-Sponsor Rep. Rita Mayfield
2018-05-30HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
2018-05-30HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Jaime M. Andrade, Jr.
2018-05-30HouseChief Sponsor Changed to Rep. Jaime M. Andrade, Jr.
2018-05-30HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
2018-05-30HouseArrived in House
2018-05-30SenateAdded as Alternate Co-Sponsor Sen. Michael Connelly
2018-05-30SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
2018-05-30SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
2018-05-30SenateThird Reading - Passed; 056-000-000
2018-05-30SenatePlaced on Calendar Order of 3rd Reading
2018-05-30SenateSenate Floor Amendment No. 2 Adopted; J. Cullerton
2018-05-30SenateRecalled to Second Reading
2018-05-30SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 014-000-000
2018-05-30SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
2018-05-29SenateSenate Floor Amendment No. 2 Referred to Assignments
2018-05-29SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
2018-05-29SenateAlternate Chief Sponsor Changed to Sen. John J. Cullerton
2018-05-25SenateRule 2-10 Third Reading Deadline Established As May 31, 2018
2018-05-22SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
2018-03-19SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
2018-03-14SenateSenate Floor Amendment No. 1 Postponed - Criminal Law
2018-02-20SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
2018-02-14SenateSenate Floor Amendment No. 1 Referred to Assignments
2018-02-14SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson
2018-01-24SenatePlaced on Calendar Order of 3rd Reading January 30, 2018
2018-01-24SenateApproved for Consideration Assignments
2017-08-04SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
2017-05-26SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
2017-05-23SenatePlaced on Calendar Order of 3rd Reading May 24, 2017
2017-05-23SenateSecond Reading
2017-05-19SenateAdded as Alternate Co-Sponsor Sen. Karen McConnaughay
2017-05-09SenatePlaced on Calendar Order of 2nd Reading May 10, 2017
2017-05-09SenateDo Pass Criminal Law; 010-000-000
2017-05-05SenateAdded as Alternate Co-Sponsor Sen. Jim Oberweis
2017-05-03SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
2017-05-03SenatePostponed - Criminal Law
2017-04-28HouseHouse Floor Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee
2017-04-26SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
2017-04-26SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
2017-04-25SenateAssigned to Criminal Law
2017-04-06SenateReferred to Assignments
2017-04-06SenateFirst Reading
2017-04-06SenateChief Senate Sponsor Sen. Toi W. Hutchinson
2017-04-06SenatePlaced on Calendar Order of First Reading
2017-04-06SenateArrive in Senate
2017-04-05HouseThird Reading - Short Debate - Passed 072-041-000
2017-04-04HousePlaced on Calendar Order of 3rd Reading - Short Debate
2017-04-04HouseHouse Floor Amendment No. 2 Adopted
2017-04-04HouseSecond Reading - Short Debate
2017-03-30HouseAdded Co-Sponsor Rep. Sheri Jesiel
2017-03-30HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
2017-03-23HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
2017-03-22HouseAdded Co-Sponsor Rep. Allen Skillicorn
2017-03-22HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000
2017-03-21HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
2017-03-16HouseAdded Chief Co-Sponsor Rep. John M. Cabello
2017-03-15HouseHouse Floor Amendment No. 2 Referred to Rules Committee
2017-03-15HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
2017-03-15HouseAdded Co-Sponsor Rep. Barbara Wheeler
2017-03-14HouseState Mandates Fiscal Note Filed
2017-03-10HouseFiscal Note Filed
2017-03-07HouseState Mandates Fiscal Note Requested by Rep. Tom Demmer
2017-03-07HouseFiscal Note Requested by Rep. Tom Demmer
2017-03-07HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
2017-02-28HouseHouse Floor Amendment No. 1 Referred to Rules Committee
2017-02-28HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
2017-02-24HouseAdded Chief Co-Sponsor Rep. Justin Slaughter
2017-02-24HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
2017-02-23HousePlaced on Calendar 2nd Reading - Short Debate
2017-02-22HouseDo Pass / Short Debate Judiciary - Criminal Committee; 008-005-000
2017-02-14HouseAssigned to Judiciary - Criminal Committee
2017-02-03HouseReferred to Rules Committee
2017-02-03HouseFirst Reading
2017-02-02HouseFiled with the Clerk by Rep. Kelly M. Cassidy

Code Citations

ChapterArticleSectionCitation TypeStatute Text
7255116-2.2New CodeSee Bill Text

Illinois State Sources

TypeSource
Summaryhttp://www.ilga.gov/legislation/BillStatus.asp?DocNum=1804&GAID=14&DocTypeID=HB&SessionID=91&GA=100
Texthttp://www.ilga.gov/legislation/100/HB/10000HB1804.htm
Texthttp://www.ilga.gov/legislation/100/HB/10000HB1804eng.htm
Texthttp://www.ilga.gov/legislation/100/HB/10000HB1804enr.htm
Amendmenthttp://www.ilga.gov/legislation/100/HB/10000HB1804ham001.htm
Amendmenthttp://www.ilga.gov/legislation/100/HB/10000HB1804ham002.htm
Amendmenthttp://www.ilga.gov/legislation/100/HB/10000HB1804sam001.htm
Amendmenthttp://www.ilga.gov/legislation/100/HB/10000HB1804sam002.htm
Roll Callhttp://www.ilga.gov/legislation/votehistory/100/house/10000HB1804_04052017_039000T.pdf
Roll Callhttp://www.ilga.gov/legislation/votehistory/100/senate/10000HB1804_05302018_045000T.pdf
Roll Callhttp://www.ilga.gov/legislation/votehistory/100/house/10000HB1804sam002_05312018_021000C.pdf

Bill Comments

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