Bill Text: IL HB1804 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-04-06 - Referred to Assignments [HB1804 Detail]

Download: Illinois-2017-HB1804-Engrossed.html



HB1804 EngrossedLRB100 09059 SLF 19208 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 116-2.2 as follows:
6 (725 ILCS 5/116-2.2 new)
7 Sec. 116-2.2. Petition to resentence; statutory penalty
8reduction.
9 (a) Upon verified petition for resentencing by the
10defendant, the trial court that entered the judgment of
11conviction in a defendant's case may order resentencing at any
12time after 30 days have passed following the imposition of a
13sentence under a guilty verdict or a finding of guilt for any
14criminal offense under the Criminal Code of 1961 or the
15Criminal Code of 2012 or a similar local ordinance provided:
16 (1) the State's Attorney or other prosecuting attorney
17 is given at least 30 day notice of the filing of the
18 petition seeking resentencing;
19 (2) the State's Attorney or other prosecuting attorney
20 files a response indicating agreement with the petition and
21 the defendant's request for resentencing; and
22 (3) the petition clearly states the statutory penalty
23 for the offense for which the defendant was found guilty or

HB1804 Engrossed- 2 -LRB100 09059 SLF 19208 b
1 convicted has, since his or her plea of guilty or
2 conviction, been subsequently reduced or altered in a
3 manner that includes, but is not limited to:
4 (A) reducing the minimum or maximum sentence for
5 the offense;
6 (B) granting the court more discretion over the
7 range of penalties available for the offense; or
8 (C) changing the penalties associated with the
9 offense or conduct underlying the offense in any way.
10 (b) If the court grants a petition under this Section, the
11court must resentence the defendant in a manner that is
12consistent with the penalty the defendant would have received
13if the current law was in effect on the date when the offense
14was committed or the original sentence was imposed and the
15court may take any additional action it deems appropriate under
16the circumstances.
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