HB1804sam001 100TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 2/14/2018

10000HB1804sam001 LRB100 09059 RLC 34872 a

AMENDMENT TO HOUSE BILL 1804

AMENDMENT NO. ______. Amend House Bill 1804 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 116-2.2 as follows:

(725 ILCS 5/116-2.2 new)

Sec. 116-2.2. Petition to resentence; statutory penalty reduction.

(a) A person serving a sentence for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance for which the statutory penalty has been subsequently reduced or altered may petition the trial court that entered the judgment of conviction to request resentencing or dismissal in accordance with the statutory penalty in effect at the time of the filing of the petition.

(b) Upon verified petition for resentencing by the defendant, the trial court that entered the judgment of conviction in a defendant's case may order resentencing at any time after 30 days have passed following the imposition of a sentence under a guilty verdict or a finding of guilt for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance provided:

(1) the State's Attorney or other prosecuting attorney is given at least 30-day notice of the filing of the petition seeking resentencing; and

(2) the statutory penalty for the offense for which the defendant was found guilty or convicted, since his or her plea of guilty or conviction, has been subsequently reduced or altered in a manner that includes, but is not limited to:

(A) reducing the minimum or maximum sentence for the offense;

(B) granting the court more discretion over the range of penalties available for the offense; or

(C) changing the penalties associated with the offense or conduct underlying the offense in any way.

(c) In determining whether to grant a petition under this Section, the court shall determine whether the petitioner satisfies the criteria in subsection (b). If the petitioner satisfies the criteria in subsection (b), the court shall resentence the defendant in a manner that is consistent with the penalty the defendant would have received if the statutory penalty in effect at the time of the filing of the petition was in effect on the date when the offense was committed or the original sentence was imposed, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider any of the following:

(1) the petitioner's criminal conviction history, including the type of offenses committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the offenses;

(2) the petitioner's disciplinary record and record of rehabilitation while incarcerated; and

(3) any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety.

In this subsection (c), "unreasonable risk of danger to public safety" means an unreasonable risk that the petitioner will commit a new violent felony under the Criminal Code of 2012.

(d) A person who is resentenced under subsection (b) shall be given credit for time served and shall be subject to parole or mandatory supervised release for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole or mandatory supervised release.

(e) Resentencing under this Section may not result in the imposition of a term of imprisonment longer than the original sentence.

(f) A person who has completed his or her sentence for a conviction of a felony who would have been guilty of a misdemeanor if the current law was in effect on the date when the offense was committed or the original sentence was imposed, may petition the trial court that entered the judgment of conviction in his or her case to have the felony conviction designated as a misdemeanor.

(g) If the petition satisfies the criteria in subsection (f), the court shall designate the felony offense as a misdemeanor.

(h) A person who has completed his or her sentence for a conviction of a felony who would not have been guilty of an offense if the statutory penalty in effect at the time of the filing of the petition was in effect on the date when the offense was committed or the original sentence was imposed, may file an application before the trial court that entered the judgment of conviction in his or her case to have the conviction dismissed and sealed.".