Bill Status of HB 3587   102nd General Assembly

Short Description:  STATE RESENTENCING MOTION

House Sponsors
Rep. Justin Slaughter-Kelly M. Cassidy-Sonya M. Harper-Rita Mayfield-Camille Y. Lilly

Senate Sponsors
(Sen. Robert Peters-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  7/15/2021HousePublic Act . . . . . . . . . 102-0099

Statutes Amended In Order of Appearance
725 ILCS 5/123 new

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.

House Floor Amendment No. 1
Deletes reference to:
725 ILCS 5/123 new
Adds reference to:
New Act

Replaces everything after the enacting clause. Creates the Resentencing Task Force Act. Provides that the task force shall study innovative ways to reduce the prison population in Illinois from initiations of resentencing motions filed by State's Attorneys, the Illinois Department of Corrections and the judicial branch. Provides that the task force further aims to acknowledge that employees who work for the Illinois Department of Corrections and other members of law enforcement may be affected by the reduction of the prison population. Provides that the task force shall consider ways to train and refocus the workforce in communities where many jobs are with the Illinois Department of Corrections and law enforcement. Provides that the task force shall consist of specific members. Provides that the task force shall meet no less than 4 times and shall provide recommendations for legislation to the General Assembly and the Governor's Office on or before January 1, 2022. Provides that the members of the task force shall serve without compensation. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and technical support for the task force and are responsible for appointing a chairperson and ensuring the requirements of the task force are met. Contains a findings provision. Effective immediately.

Senate Floor Amendment No. 5
Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Provides that the task force shall study innovative ways to reduce the prison population in Illinois from initiations of resentencing motions filed by incarcerated individuals, in addition to State's Attorneys, the Illinois Department of Corrections, and the judicial branch. Removes language concerning refocusing the workforce in communities where many jobs are with law enforcement and the Illinois Department of Corrections. Provides that the Illinois Sentencing Policy Advisory Council (rather than the Illinois Criminal Justice Information Authority) shall provide support to the task force. Provides that the task force shall provide specified recommendations before July 1, 2022 (rather than January 1, 2022). Removes a task force member representing the interests of members of a labor union. Provides for an additional task force member who shall be a member of law enforcement appointed by an association representing law enforcement. Provides for an additional task force member representing the private criminal defense bar. Provides for an additional task force member appointed by the Public Defender's Association. Provides for 3 task force members who are retired judges (rather than one). Provides for an additional task force member appointed by the Department of Corrections.

Actions 
DateChamber Action
  2/19/2021HouseFiled with the Clerk by Rep. Justin Slaughter
  2/22/2021HouseFirst Reading
  2/22/2021HouseReferred to Rules Committee
  3/16/2021HouseAssigned to Judiciary - Criminal Committee
  3/26/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/20/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Justin Slaughter
  4/20/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/20/2021HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  4/20/2021HouseAdded Chief Co-Sponsor Rep. Sonya M. Harper
  4/21/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/21/2021HouseSecond Reading - Short Debate
  4/21/2021HouseHeld on Calendar Order of Second Reading - Short Debate
  4/22/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  4/23/2021HouseHouse Floor Amendment No. 1 Adopted
  4/23/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2021HouseThird Reading - Short Debate - Passed 105-004-000
  4/27/2021SenateArrive in Senate
  4/27/2021SenatePlaced on Calendar Order of First Reading
  4/27/2021SenateChief Senate Sponsor Sen. Robert Peters
  4/27/2021SenateFirst Reading
  4/27/2021SenateReferred to Assignments
  5/11/2021SenateAssigned to Criminal Law
  5/13/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters
  5/13/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/17/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/18/2021SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Robert Peters
  5/18/2021SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/18/2021SenateSenate Committee Amendment No. 1 Postponed - Criminal Law
  5/19/2021SenateDo Pass Criminal Law; 009-000-000
  5/19/2021SenatePlaced on Calendar Order of 2nd Reading May 20, 2021
  5/20/2021SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Robert Peters
  5/20/2021SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/21/2021SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Robert Peters
  5/21/2021SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/21/2021SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Robert Peters
  5/21/2021SenateSenate Floor Amendment No. 5 Referred to Assignments
  5/24/2021SenateSenate Floor Amendment No. 3 Pursuant to Senate Rule 3-8 (b-1) this amendment will remain in the Committee on Assignments.
  5/24/2021SenateSenate Floor Amendment No. 4 Pursuant to Senate Rule 3-8 (b-1) this amendment will remain in the Committee on Assignments.
  5/24/2021SenateSenate Floor Amendment No. 5 Assignments Refers to Criminal Law
  5/24/2021SenateSecond Reading
  5/24/2021SenatePlaced on Calendar Order of 3rd Reading May 25, 2021
  5/25/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/25/2021SenateSenate Floor Amendment No. 5 Recommend Do Adopt Criminal Law; 006-000-000
  5/26/2021SenateRecalled to Second Reading
  5/26/2021SenateSenate Floor Amendment No. 5 Adopted; Peters
  5/26/2021SenatePlaced on Calendar Order of 3rd Reading
  5/28/2021SenateThird Reading - Passed; 051-000-000
  5/28/2021SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/28/2021SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/28/2021HouseArrived in House
  5/28/2021HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 5
  5/29/2021HouseSenate Floor Amendment No. 5 Motion Filed Concur Rep. Justin Slaughter
  5/29/2021HouseSenate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee
  5/29/2021HouseSenate Floor Amendment No. 5 Motion to Concur Rules Referred to Judiciary - Criminal Committee
  5/29/2021HouseSenate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  5/30/2021HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  5/31/2021HouseSenate Floor Amendment No. 5 House Concurs 113-005-000
  5/31/2021HouseHouse Concurs
  5/31/2021HousePassed Both Houses
  5/31/2021HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  6/29/2021HouseSent to the Governor
  7/15/2021HouseGovernor Approved
  7/15/2021HouseEffective Date July 15, 2021
  7/15/2021HousePublic Act . . . . . . . . . 102-0099

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