Bill Text: IL HB3233 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may, after denying parole, schedule a rehearing no later than 5 (rather than 3) years from the date of the parole denial, if the Board finds that it is not reasonable to expect that parole would be granted at a hearing prior to the scheduled rehearing date.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3233 Detail]

Download: Illinois-2011-HB3233-Amended.html

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Rep. Edward J. Acevedo

Filed: 3/6/2012

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AMENDMENT TO HOUSE BILL 3233
AMENDMENT NO. ______. Amend House Bill 3233 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 3-3-13 as follows:
(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
Sec. 3-3-13. Procedure for Executive Clemency.
(a) Petitions seeking pardon, commutation, or reprieve
shall be addressed to the Governor and filed with the Prisoner
Review Board. The petition shall be in writing and signed by
the person under conviction or by a person on his behalf. It
shall contain a brief history of the case, the reasons for
seeking executive clemency, and other relevant information the
Board may require.
(a-5) After a petition has been denied by the Governor, the
Board may not accept a repeat petition for executive clemency

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for the same person until 4 years have one full year has
elapsed from the date of the denial. The Chairman of the Board
may waive the 4-year one-year requirement if the petitioner
offers in writing new information that was unavailable to the
petitioner at the time of the filing of the prior petition and
which the Chairman determines to be significant. The Chairman
also may waive the 4-year one-year waiting period if the
petitioner can show that a change in circumstances of a
compelling humanitarian nature has arisen since the denial of
the prior petition.
(b) Notice of the proposed application shall be given by
the Board to the committing court and the state's attorney of
the county where the conviction was had.
(c) The Board shall, if requested and upon due notice, give
a hearing to each application, allowing representation by
counsel, if desired, after which it shall confidentially advise
the Governor by a written report of its recommendations which
shall be determined by majority vote. The Board shall meet to
consider such petitions no less than 4 times each year.
Application for executive clemency under this Section may
not be commenced on behalf of a person who has been sentenced
to death without the written consent of the defendant, unless
the defendant, because of a mental or physical condition, is
incapable of asserting his or her own claim.
(d) The Governor shall decide each application and
communicate his decision to the Board which shall notify the

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petitioner.
In the event a petitioner who has been convicted of a Class
X felony is granted a release, after the Governor has
communicated such decision to the Board, the Board shall give
written notice to the Sheriff of the county from which the
offender was sentenced if such sheriff has requested that such
notice be given on a continuing basis. In cases where arrest of
the offender or the commission of the offense took place in any
municipality with a population of more than 10,000 persons, the
Board shall also give written notice to the proper law
enforcement agency for said municipality which has requested
notice on a continuing basis.
(e) 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.
(Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)".