Bill Text: IL HB0821 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.

Sponsorship: Moderate Partisan Bill (Democrat 13-3)

Status: (Passed) 2013-08-02 - Public Act . . . . . . . . . 98-0133 [HB0821 Detail]

Download: Illinois-2013-HB0821-Amended.html

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Rep. Monique D. Davis

Filed: 4/17/2013

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AMENDMENT TO HOUSE BILL 821
AMENDMENT NO. ______. Amend House Bill 821 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 5-5-4 as follows:
(730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
Sec. 5-5-4. Resentences.
(a) Where a conviction or sentence has been set aside on
direct review or on collateral attack, the court shall not
impose a new sentence for the same offense or for a different
offense based on the same conduct which is more severe than the
prior sentence less the portion of the prior sentence
previously satisfied unless the more severe sentence is based
upon conduct on the part of the defendant occurring after the
original sentencing. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at

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trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(b) If a conviction or sentence has been set aside on
direct review or on collateral attack and the court determines
by clear and convincing evidence that the defendant was
factually innocent of the charge, the court shall enter an
order expunging the record of arrest from the official records
of the arresting authority and order that the records of the
clerk of the circuit court and Department of State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense but the order shall not affect any index issued by the
circuit court clerk before the entry of the order.
All records sealed by the Department of State Police may be
disseminated by the Department only as required by law or to
the arresting authority, the State's Attorney, the court upon a
later arrest for the same or similar offense, or for the
purpose of sentencing for any subsequent felony. Upon

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conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual.
Upon entry of the order of expungement, the clerk of the
circuit court shall promptly mail a copy of the order to the
person whose records were expunged and sealed.
(c) If a conviction has been vacated as a result of a claim
of actual innocence based on newly discovered evidence made
under Section 122-1 of the Code of Criminal Procedure of 1963
or Section 2-1401 of the Code of Civil Procedure, and the
provisions of paragraphs (1) and (2) of subsection (g) of
Section 2-702 of the Code of Civil Procedure are otherwise
satisfied, the court shall enter an order for a certificate of
innocence.
(Source: P.A. 93-210, eff. 7-18-03.)".