HB3443 EngrossedLRB102 12812 KMF 18153 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 123 as follows:
 
6    (725 ILCS 5/123 new)
7    Sec. 123. Motion to resentence by the People.
8    (a) The purpose of sentencing is to advance public safety 
9through punishment, rehabilitation, and restorative justice. 
10By providing a means to reevaluate a sentence after some time 
11has passed, the General Assembly intends to provide the 
12State's Attorney and the court with another tool to ensure 
13that these purposes are achieved.
14    (b) At any time upon the recommendation of the State's 
15Attorney of the county in which the defendant was sentenced, 
16the State's Attorney may petition the sentencing court or the 
17sentencing court's successor to resentence the offender if the 
18original sentence no longer advances the interests of justice. 
19The sentencing court or the sentencing court's successor may 
20resentence the offender if it finds that the original sentence 
21no longer advances the interests of justice.
22    (c) Upon the receipt of a petition for resentencing, the 
23court may resentence the defendant in the same manner as if the 
 
 
HB3443 Engrossed- 2 -LRB102 12812 KMF 18153 b

1offender had not previously been sentenced; however, the new 
2sentence, if any, may not be greater than the initial 
3sentence.
4    (d) The court may consider postconviction factors, 
5including, but not limited to, the inmate's disciplinary 
6record and record of rehabilitation while incarcerated; 
7evidence that reflects whether age, time served, and 
8diminished physical condition, if any, have reduced the 
9inmate's risk for future violence; and evidence that reflects 
10changed circumstances since the inmate's original sentencing 
11such that the inmate's continued incarceration no longer 
12serves the interests of justice. Credit shall be given for 
13time served.
14    (e) Victims shall be afforded all rights as outlined in 
15the Rights of Crime Victims and Witnesses Act.
16    (f) A resentencing under this Section shall not reopen the 
17defendant's conviction to challenges that would otherwise be 
18barred.
19    (g) Nothing in this Section shall be construed to limit 
20the power of the Governor under the Constitution to grant a 
21reprieve, commutation of sentence, or pardon.