093_HB3368

 
                                     LRB093 09642 RLC 09880 b

 1        AN ACT in relation to 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 122-2.1 as follows:

 6        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
 7        Sec. 122-2.1.  (a) Within 90 days after  the  filing  and
 8    docketing  of  each  petition,  the  court shall examine such
 9    petition and enter an order thereon pursuant to this Section.
10             (1)  If the petitioner is under  sentence  of  death
11        and  is  without  counsel  and alleges that he is without
12        means to procure counsel, he shall state whether  or  not
13        he  wishes  counsel to be appointed to represent him.  If
14        appointment of counsel is so requested, the  court  shall
15        appoint  counsel  if satisfied that the petitioner has no
16        means to procure counsel.
17             (2)  If the petitioner is sentenced to  imprisonment
18        and  the court determines the petition is frivolous or is
19        patently without merit, it shall dismiss the petition  in
20        a  written  order,  specifying  the  findings of fact and
21        conclusions of law it  made  in  reaching  its  decision.
22        Such  order of dismissal is a final judgment and shall be
23        served upon the petitioner by certified  mail  within  10
24        days of its entry.
25        (b)  If  the  petition  is not dismissed pursuant to this
26    Section, the court shall order the petition  to  be  docketed
27    for  further  consideration in accordance with Sections 122-4
28    through 122-6.  If the petitioner is under sentence of death,
29    the court shall order the petition to be docketed for further
30    consideration and hearing within one year of  the  filing  of
31    the petition.
 
                            -2-      LRB093 09642 RLC 09880 b
 1        (c)  In  considering a petition pursuant to this Section,
 2    the court may examine the court file  of  the  proceeding  in
 3    which  the  petitioner  was convicted, any action taken by an
 4    appellate court in such proceeding  and  any  transcripts  of
 5    such proceeding.
 6    (Source: P.A. 86-655; 87-904.)