HB2991 100TH GENERAL ASSEMBLY

LRB100 10171 RLC 20352 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2991

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

730 ILCS 5/8-2-4

from Ch. 38, par. 1008-2-4

Amends the Unified Code of Corrections. Provides that if a person has been convicted of an offense whose penalty was reduced after conviction but before sentencing the court shall impose the sentence for the offense under the reduced penalty. Provides that if a person serving sentence for an offense whose penalty was reduced after sentencing, the court shall conduct a new sentencing hearing and impose a reduced sentence as provided in the statute that reduced the penalty for the offense. Provides that if the person is serving a sentence that has not expired but would have expired because of the reduced penalty, the person's sentence shall be reduced to time served and the person shall be discharged from a facility in which he or she is serving a sentence of imprisonment or if serving parole, mandatory supervised release, probation, conditional discharge, or other conditions of release, the person shall be discharged from parole, mandatory supervised release, probation, conditional discharge, or other conditions of release.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 8-2-4 as follows:

(730 ILCS 5/8-2-4) (from Ch. 38, par. 1008-2-4)

Sec. 8-2-4. Prosecutions Continued; Applicable Sentencing Provisions; Statutory Reduction of Sentence.

(a) Prosecution for any violation of law occurring prior to January 1, 1973, is not affected or abated by the Unified Code of Corrections. If the offense being prosecuted has not reached the sentencing stage or a final adjudication by January 1, 1973, then for purposes of sentencing the sentences under the Unified Code of Corrections apply if they are less than under the prior law upon which the prosecution was commenced.

(b) Prosecution for any violation of law occurring before the effective date of this amendatory Act of 1977 is not affected or abated by this amendatory Act of 1977. If the defendant has not been sentenced before the effective date of this amendatory Act of 1977, he shall have the right to elect to be sentenced under the law as it existed at the time of his offense or under the law in effect on and after the effective date of this amendatory Act of 1977. If a sentence has been imposed before the effective date of this amendatory Act of 1977, the defendant shall not have the right of election even though his case has not been finally adjudicated on appeal; however, where eligible, he shall have the rights provided by Section 3-3-2.1 of this Code.

(c) If a person has been convicted of an offense whose penalty was reduced after conviction but before sentencing the court shall impose the sentence for the offense under the reduced penalty.

(d) If a person serving sentence for an offense whose penalty was reduced after sentencing, the court shall conduct a new sentencing hearing and impose a reduced sentence as provided in the statute that reduced the penalty for the offense. If the person is serving a sentence that has not expired but would have expired because of the reduced penalty, the person's sentence shall be reduced to time served and the person shall be discharged from a facility in which he or she is serving a sentence of imprisonment or if serving parole, mandatory supervised release, probation, conditional discharge, or other conditions of release, the person shall be discharged from parole, mandatory supervised release, probation, conditional discharge, or other conditions of release.

(Source: P.A. 80-1099.)