093_HB3351 LRB093 09640 RLC 09878 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 122-1 follows: 6 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1) 7 Sec. 122-1. Petition in the trial court. 8 (a) Any person imprisoned in the penitentiary who 9 asserts that: in the proceedings which resulted in his or her 10 conviction there was a substantial denial of his or her 11 rights under the Constitution of the United States or of the 12 State of Illinois or both may institute a proceeding under 13 this Article. 14 (b) The proceeding shall be commenced by filing with the 15 clerk of the court in which the conviction took place a 16 petition (together with a copy thereof) verified by 17 affidavit. Petitioner shall also serve another copy upon the 18 State's Attorney by any of the methods provided in Rule 7 of 19 the Supreme Court. The clerk shall docket the petition for 20 consideration by the court pursuant to Section 122-2.1 upon 21 his or her receipt thereof and bring the same promptly to the 22 attention of the court. 23 (c) If the petitioner is under sentence of death, a 24 proceeding under this Article shall be commenced no more than 25 6 months after the issuance of the mandate by the Supreme 26 Court following affirmance of the defendant's direct appeal 27 of the trial court verdict. In all other cases, no 28 proceedings under this Article shall be commenced more than 6 29 months after the denial of a petition for leave to appeal or 30 the date for filing such a petition if none is filed or more 31 than 45 days after the defendant files his or her brief in -2- LRB093 09640 RLC 09878 b 1 the appeal of the sentence before the Illinois Supreme Court 2 (or more than 45 days after the deadline for the filing of 3 the defendant's brief with the Illinois Supreme Court if no 4 brief is filed) or 3 years from the date of conviction, 5 whichever is sooner, unless the petitioner alleges facts 6 showing that the delay was not due to his or her culpable 7 negligence. 8 (d) A person seeking relief by filing a petition under 9 this Section must specify in the petition or its heading that 10 it is filed under this Section. A trial court that has 11 received a petition complaining of a conviction or sentence 12 that fails to specify in the petition or its heading that it 13 is filed under this Section need not evaluate the petition to 14 determine whether it could otherwise have stated some grounds 15 for relief under this Article. 16 (e) A proceeding under this Article may not be commenced 17 on behalf of a defendant who has been sentenced to death 18 without the written consent of the defendant, unless the 19 defendant, because of a mental or physical condition, is 20 incapable of asserting his or her own claim. 21 (Source: P.A. 89-284, eff. 1-1-96; 89-609, eff. 1-1-97; 22 89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)