Illinois House Bill 3423 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 4-0)
Status: Introduced on February 26 2015 - 25% progression, died in committee
Action: 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

Amends the Code of Criminal Procedure of 1963. Provides that a defendant may file a petition for resentencing in the circuit court of the county in which he or she was originally sentenced, when the conviction was for a felony or for solicitation, attempt, or conspiracy to commit a felony; provided that: (1) at the time of the offense the defendant is or had been the victim of domestic violence perpetrated by an intimate partner; (2) the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct; (3) the petition shall present evidence supporting the defendant's assertion of (1) and (2) that was not presented at sentencing, and shall state why that evidence was not presented at sentencing; and (4) the defendant is incarcerated at the time the petition is filed. Provides that the burden of proof is on the defendant to establish, by a preponderance of the evidence, that at the time of the offense the defendant is or had been the victim of domestic violence perpetrated by an intimate partner, and that the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. Provides that the court may grant the petition if it determines that at the time of the offense the defendant is or had been the victim of domestic violence, and the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. Provides that if the court finds in favor of the defendant, it shall reduce the sentence in accordance with the current factors in mitigation in sentencing under the Unified Code of Corrections, as may be necessary and proper. Amends the Rights of Crime Victims and Witnesses Act and the Unified Code of Corrections to make conforming changes.

CRIM PRO-SENTENCE MODIF-DV

Rep. Christian Mitchell [D]

Rep. Kelly Cassidy [D]

Rep. Rita Mayfield [D]

Rep. Michael Zalewski [D]

Date	Chamber	Action
2015-03-27	House	Rule 19(a) / Re-referred to Rules Committee
2015-03-23	House	House Committee Amendment No. 1 Referred to Rules Committee
2015-03-23	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Christian L. Mitchell
2015-03-18	House	To Sentencing, Penalties, and Criminal Procedure Subcommittee
2015-03-18	House	Added Chief Co-Sponsor Rep. Rita Mayfield
2015-03-10	House	Assigned to Judiciary - Criminal Committee
2015-03-04	House	Added Co-Sponsor Rep. Michael J. Zalewski
2015-03-04	House	Added Chief Co-Sponsor Rep. Kelly M. Cassidy
2015-02-26	House	Referred to Rules Committee
2015-02-26	House	First Reading
2015-02-26	House	Filed with the Clerk by Rep. Christian L. Mitchell

Chapter	Article	Section	Citation Type	Statute Text
725	120	4.5	Amended Code	Citation Text
725	5	116-2.2	New Code	See Bill Text
730	5	5-5-3.1	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3423&GAID=13&DocTypeID=HB&SessionID=88&GA=99
Text	https://www.ilga.gov/legislation/99/HB/09900HB3423.htm
Amendment	https://www.ilga.gov/legislation/99/HB/09900HB3423ham001.htm