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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||
5 | Section 24-1.7 as follows: | ||||||
6 | (720 ILCS 5/24-1.7 new)
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7 | Sec. 24-1.7. Armed habitual criminal. | ||||||
8 | (a) A person commits the offense of being an armed habitual
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9 | criminal if he or she receives, sells, possesses, or transfers
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10 | any firearm after having been convicted a total of 2 or more
| ||||||
11 | times of any combination of the following offenses: | ||||||
12 | (1) a forcible felony as defined in Section 2-8 of this | ||||||
13 | Code; | ||||||
14 | (2) unlawful use of a weapon by a felon; aggravated | ||||||
15 | unlawful use of a weapon; aggravated discharge of a | ||||||
16 | firearm; vehicular hijacking; aggravated vehicular | ||||||
17 | hijacking; aggravated battery of a child;
intimidation; | ||||||
18 | aggravated intimidation; gunrunning; home invasion; or | ||||||
19 | aggravated battery with a firearm; or | ||||||
20 | (3) any violation of the Illinois Controlled | ||||||
21 | Substances
Act or the Cannabis Control Act that is | ||||||
22 | punishable as a Class 3
felony or higher. | ||||||
23 | (b) Sentence. Being an armed habitual criminal is a Class X
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24 | felony. | ||||||
25 | Section 10. The Unified Code of Corrections is amended by | ||||||
26 | changing Section 3-6-3 as follows:
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27 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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28 | Sec. 3-6-3. Rules and Regulations for Early Release.
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29 | (a) (1) The Department of Corrections shall prescribe | ||||||
30 | rules
and regulations for the early release on account of |
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1 | good
conduct of persons committed to the Department which | ||||||
2 | shall
be subject to review by the Prisoner Review Board.
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3 | (2) The rules and regulations on early release shall | ||||||
4 | provide, with
respect to offenses committed on or after | ||||||
5 | June 19, 1998 or with respect to the offense of being an | ||||||
6 | armed habitual criminal committed on or after the effective | ||||||
7 | date of this amendatory Act of the 93rd General Assembly , | ||||||
8 | the following:
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9 | (i) that a prisoner who is serving a term of | ||||||
10 | imprisonment for first
degree murder or for the offense | ||||||
11 | of terrorism shall receive no good conduct
credit and | ||||||
12 | shall serve the entire
sentence imposed by the court;
| ||||||
13 | (ii) that a prisoner serving a sentence for attempt | ||||||
14 | to commit first
degree murder, solicitation of murder, | ||||||
15 | solicitation of murder for hire,
intentional homicide | ||||||
16 | of an unborn child, predatory criminal sexual assault | ||||||
17 | of a
child, aggravated criminal sexual assault, | ||||||
18 | criminal sexual assault, aggravated
kidnapping, | ||||||
19 | aggravated battery with a firearm, heinous battery, | ||||||
20 | being an armed habitual criminal, aggravated
battery | ||||||
21 | of a senior citizen, or aggravated battery of a child | ||||||
22 | shall receive no
more than 4.5 days of good conduct | ||||||
23 | credit for each month of his or her sentence
of | ||||||
24 | imprisonment; and
| ||||||
25 | (iii) that a prisoner serving a sentence
for home | ||||||
26 | invasion, armed robbery, aggravated vehicular | ||||||
27 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
28 | violence with a category I weapon
or category II | ||||||
29 | weapon, when the court
has made and entered a finding, | ||||||
30 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
31 | Code, that the conduct leading to conviction for the | ||||||
32 | enumerated offense
resulted in great bodily harm to a | ||||||
33 | victim, shall receive no more than 4.5 days
of good | ||||||
34 | conduct credit for each month of his or her sentence of | ||||||
35 | imprisonment.
| ||||||
36 | (2.1) For all offenses, other than those enumerated in |
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1 | subdivision (a)(2)
committed on or after June 19, 1998, and | ||||||
2 | other than the offense of reckless
homicide as defined in | ||||||
3 | subsection (e) of Section 9-3 of the Criminal Code of
1961 | ||||||
4 | committed on or after January 1, 1999,
or aggravated | ||||||
5 | driving under the influence of alcohol, other drug or | ||||||
6 | drugs, or
intoxicating compound or compounds, or any | ||||||
7 | combination thereof as defined in
subparagraph (F) of | ||||||
8 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
9 | Illinois Vehicle Code,
the rules and regulations shall
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10 | provide that a prisoner who is serving a term of
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11 | imprisonment shall receive one day of good conduct credit | ||||||
12 | for each day of
his or her sentence of imprisonment or | ||||||
13 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
14 | credit shall reduce by one day the prisoner's period
of | ||||||
15 | imprisonment or recommitment under Section 3-3-9.
| ||||||
16 | (2.2) A prisoner serving a term of natural life | ||||||
17 | imprisonment or a
prisoner who has been sentenced to death | ||||||
18 | shall receive no good conduct
credit.
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19 | (2.3) The rules and regulations on early release shall | ||||||
20 | provide that
a prisoner who is serving a sentence for | ||||||
21 | reckless homicide as defined in
subsection (e) of Section | ||||||
22 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
23 | January 1, 1999, or aggravated driving under the influence | ||||||
24 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
25 | or compounds, or any combination
thereof as defined in | ||||||
26 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
27 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
28 | no more than 4.5
days of good conduct credit for each month | ||||||
29 | of his or her sentence of
imprisonment.
| ||||||
30 | (2.4) The rules and regulations on early release shall | ||||||
31 | provide with
respect to the offenses of aggravated battery | ||||||
32 | with a machine gun or a firearm
equipped with any device or | ||||||
33 | attachment designed or used for silencing the
report of a | ||||||
34 | firearm or aggravated discharge of a machine gun or a | ||||||
35 | firearm
equipped with any device or attachment designed or | ||||||
36 | used for silencing the
report of a firearm, committed on or |
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1 | after
July 15, 1999 ( the effective date of Public Act | ||||||
2 | 91-121)
this
amendatory Act of 1999 ,
that a prisoner | ||||||
3 | serving a sentence for any of these offenses shall receive | ||||||
4 | no
more than 4.5 days of good conduct credit for each month | ||||||
5 | of his or her sentence
of imprisonment.
| ||||||
6 | (2.5) The rules and regulations on early release shall | ||||||
7 | provide that a
prisoner who is serving a sentence for | ||||||
8 | aggravated arson committed on or after
July 27, 2001 ( the | ||||||
9 | effective date of Public Act 92-176)
this
amendatory Act of | ||||||
10 | the 92nd 93rd General Assembly shall receive no more than
| ||||||
11 | 4.5 days of good conduct credit for each month of his or | ||||||
12 | her sentence of
imprisonment.
| ||||||
13 | (3) The rules and regulations shall also provide that
| ||||||
14 | the Director may award up to 180 days additional good | ||||||
15 | conduct
credit for meritorious service in specific | ||||||
16 | instances as the
Director deems proper; except that no more | ||||||
17 | than 90 days
of good conduct credit for meritorious service
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18 | shall be awarded to any prisoner who is serving a sentence | ||||||
19 | for
conviction of first degree murder, reckless homicide | ||||||
20 | while under the
influence of alcohol or any other drug,
or | ||||||
21 | aggravated driving under the influence of alcohol, other | ||||||
22 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
23 | any combination thereof as defined in
subparagraph (F) of | ||||||
24 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
25 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
26 | predatory criminal sexual assault of a child,
aggravated | ||||||
27 | criminal sexual assault, criminal sexual assault, deviate | ||||||
28 | sexual
assault, aggravated criminal sexual abuse, | ||||||
29 | aggravated indecent liberties
with a child, indecent | ||||||
30 | liberties with a child, child pornography, heinous
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31 | battery, aggravated battery of a spouse, aggravated | ||||||
32 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
33 | stalking, aggravated battery of a child,
endangering the | ||||||
34 | life or health of a child, cruelty to a child, or narcotic
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35 | racketeering. Notwithstanding the foregoing, good conduct | ||||||
36 | credit for
meritorious service shall not be awarded on a
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1 | sentence of imprisonment imposed for conviction of: (i) one | ||||||
2 | of the offenses
enumerated in subdivision (a)(2) when the | ||||||
3 | offense is committed on or after
June 19, 1998, (ii) | ||||||
4 | reckless homicide as
defined in subsection (e) of Section | ||||||
5 | 9-3 of the Criminal Code of 1961 when
the offense is | ||||||
6 | committed on or after January 1, 1999,
or aggravated | ||||||
7 | driving under the influence of alcohol, other drug or | ||||||
8 | drugs, or
intoxicating compound or compounds, or any | ||||||
9 | combination thereof as defined in
subparagraph (F) of | ||||||
10 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
11 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
12 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
13 | after
July 15, 1999 ( the effective date of Public Act | ||||||
14 | 91-121)
this
amendatory Act of 1999 ,
or (iv) aggravated | ||||||
15 | arson when the offense is committed
on or after July 27, | ||||||
16 | 2001 ( the effective date of Public Act 92-176)
this | ||||||
17 | amendatory Act of the 92nd 93rd General Assembly .
| ||||||
18 | (4) The rules and regulations shall also provide that | ||||||
19 | the good conduct
credit accumulated and retained under | ||||||
20 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
21 | inmate during specific periods of time in which such
inmate | ||||||
22 | is engaged full-time in substance abuse programs, | ||||||
23 | correctional
industry assignments, or educational programs | ||||||
24 | provided by the Department
under this paragraph (4) and | ||||||
25 | satisfactorily completes the assigned program as
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26 | determined by the standards of the Department, shall be | ||||||
27 | multiplied by a factor
of 1.25 for program participation | ||||||
28 | before August 11, 1993
and 1.50 for program participation | ||||||
29 | on or after that date.
However, no inmate shall be eligible | ||||||
30 | for the additional good conduct credit
under this paragraph | ||||||
31 | (4) while assigned to a boot camp, mental health unit,
or | ||||||
32 | electronic detention, or if convicted of an offense | ||||||
33 | enumerated in
paragraph (a)(2) of this Section that is | ||||||
34 | committed on or after June 19,
1998, or if convicted of | ||||||
35 | reckless homicide as defined in subsection (e) of
Section | ||||||
36 | 9-3 of the Criminal Code of 1961 if the offense is |
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1 | committed on or
after January 1, 1999,
or aggravated | ||||||
2 | driving under the influence of alcohol, other drug or | ||||||
3 | drugs, or
intoxicating compound or compounds, or any | ||||||
4 | combination thereof as defined in
subparagraph (F) of | ||||||
5 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
6 | Illinois Vehicle Code, or if convicted of an offense | ||||||
7 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
8 | committed on or after
July 15, 1999 ( the effective date of | ||||||
9 | Public Act 91-121)
this
amendatory Act of 1999 ,
or first | ||||||
10 | degree murder, a Class X felony, criminal sexual
assault, | ||||||
11 | felony criminal sexual abuse, aggravated criminal sexual | ||||||
12 | abuse,
aggravated battery with a firearm, or any | ||||||
13 | predecessor or successor offenses
with the same or | ||||||
14 | substantially the same elements, or any inchoate offenses
| ||||||
15 | relating to the foregoing offenses. No inmate shall be | ||||||
16 | eligible for the
additional good conduct credit under this | ||||||
17 | paragraph (4) who (i) has previously
received increased | ||||||
18 | good conduct credit under this paragraph (4) and has
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19 | subsequently been convicted of a
felony, or (ii) has | ||||||
20 | previously served more than one prior sentence of
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21 | imprisonment for a felony in an adult correctional | ||||||
22 | facility.
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23 | Educational, vocational, substance abuse and | ||||||
24 | correctional
industry programs under which good conduct | ||||||
25 | credit may be increased under
this paragraph (4) shall be | ||||||
26 | evaluated by the Department on the basis of
documented | ||||||
27 | standards. The Department shall report the results of these
| ||||||
28 | evaluations to the Governor and the General Assembly by | ||||||
29 | September 30th of each
year. The reports shall include data | ||||||
30 | relating to the recidivism rate among
program | ||||||
31 | participants.
| ||||||
32 | Availability of these programs shall be subject to the
| ||||||
33 | limits of fiscal resources appropriated by the General | ||||||
34 | Assembly for these
purposes. Eligible inmates who are | ||||||
35 | denied immediate admission shall be
placed on a waiting | ||||||
36 | list under criteria established by the Department.
The |
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1 | inability of any inmate to become engaged in any such | ||||||
2 | programs
by reason of insufficient program resources or for | ||||||
3 | any other reason
established under the rules and | ||||||
4 | regulations of the Department shall not be
deemed a cause | ||||||
5 | of action under which the Department or any employee or
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6 | agent of the Department shall be liable for damages to the | ||||||
7 | inmate.
| ||||||
8 | (4.5) The rules and regulations on early release shall | ||||||
9 | also provide that
a prisoner who is serving a sentence for | ||||||
10 | a crime committed as a result of the
use of, abuse of, or | ||||||
11 | addiction to alcohol or a controlled substance and the
| ||||||
12 | crime was committed on or after September 1, 2003 ( the | ||||||
13 | effective date of
Public Act 93-354)
this Amendatory Act of | ||||||
14 | the 93rd General Assembly
shall receive no good conduct | ||||||
15 | credit until he or she participates in and
completes a | ||||||
16 | substance abuse treatment program. Good conduct credit | ||||||
17 | awarded
under clauses (2), (3), and (4) of this subsection | ||||||
18 | (a) for crimes committed on
or after September 1, 2003
the | ||||||
19 | effective date of this amendatory Act of
the 93rd General | ||||||
20 | Assembly is subject to the provisions of this clause (4.5).
| ||||||
21 | If the prisoner completes a substance abuse treatment | ||||||
22 | program, the Department
may award good conduct credit for | ||||||
23 | the time spent in treatment. Availability of
substance | ||||||
24 | abuse treatment shall be subject to the limits of fiscal | ||||||
25 | resources
appropriated by the General Assembly for these | ||||||
26 | purposes. If treatment is not
available, the prisoner shall | ||||||
27 | be placed on a waiting list under criteria
established by | ||||||
28 | the Department. The Department may require a prisoner | ||||||
29 | placed on
a waiting list to attend a substance abuse | ||||||
30 | education class or attend substance
abuse self-help | ||||||
31 | meetings. A prisoner may not lose good conduct credit as a
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32 | result of being placed on a waiting list. A prisoner placed | ||||||
33 | on a waiting list
remains eligible for increased good | ||||||
34 | conduct credit for participation in an
educational, | ||||||
35 | vocational, or correctional industry program under clause | ||||||
36 | (4) of
subsection (a) of this Section.
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1 | (5) Whenever the Department is to release any inmate | ||||||
2 | earlier than it
otherwise would because of a grant of good | ||||||
3 | conduct credit for meritorious
service given at any time | ||||||
4 | during the term, the Department shall give
reasonable | ||||||
5 | advance notice of the impending release to the State's
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6 | Attorney of the county where the prosecution of the inmate | ||||||
7 | took place.
| ||||||
8 | (b) Whenever a person is or has been committed under
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9 | several convictions, with separate sentences, the sentences
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10 | shall be construed under Section 5-8-4 in granting and
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11 | forfeiting of good time.
| ||||||
12 | (c) The Department shall prescribe rules and regulations
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13 | for revoking good conduct credit, or suspending or reducing
the | ||||||
14 | rate of accumulation of good conduct credit for specific
rule | ||||||
15 | violations, during imprisonment. These rules and regulations
| ||||||
16 | shall provide that no inmate may be penalized more than one
| ||||||
17 | year of good conduct credit for any one infraction.
| ||||||
18 | When the Department seeks to revoke, suspend or reduce
the | ||||||
19 | rate of accumulation of any good conduct credits for
an alleged | ||||||
20 | infraction of its rules, it shall bring charges
therefor | ||||||
21 | against the prisoner sought to be so deprived of
good conduct | ||||||
22 | credits before the Prisoner Review Board as
provided in | ||||||
23 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
24 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
25 | month period, the cumulative amount of
credit revoked exceeds | ||||||
26 | 30 days except where the infraction is committed
or discovered | ||||||
27 | within 60 days of scheduled release. In those cases,
the | ||||||
28 | Department of Corrections may revoke up to 30 days of good | ||||||
29 | conduct credit.
The Board may subsequently approve the | ||||||
30 | revocation of additional good
conduct credit, if the Department | ||||||
31 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
32 | However, the Board shall not be empowered to review the
| ||||||
33 | Department's decision with respect to the loss of 30 days of | ||||||
34 | good conduct
credit within any calendar year for any prisoner | ||||||
35 | or to increase any penalty
beyond the length requested by the | ||||||
36 | Department.
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1 | The Director of the Department of Corrections, in | ||||||
2 | appropriate cases, may
restore up to 30 days good conduct | ||||||
3 | credits which have been revoked, suspended
or reduced. Any | ||||||
4 | restoration of good conduct credits in excess of 30 days shall
| ||||||
5 | be subject to review by the Prisoner Review Board. However, the | ||||||
6 | Board may not
restore good conduct credit in excess of the | ||||||
7 | amount requested by the Director.
| ||||||
8 | Nothing contained in this Section shall prohibit the | ||||||
9 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
10 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
11 | sentence imposed by the court that was not served due to the
| ||||||
12 | accumulation of good conduct credit.
| ||||||
13 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
14 | federal court
against the State, the Department of Corrections, | ||||||
15 | or the Prisoner Review Board,
or against any of
their officers | ||||||
16 | or employees, and the court makes a specific finding that a
| ||||||
17 | pleading, motion, or other paper filed by the prisoner is | ||||||
18 | frivolous, the
Department of Corrections shall conduct a | ||||||
19 | hearing to revoke up to
180 days of good conduct credit by | ||||||
20 | bringing charges against the prisoner
sought to be deprived of | ||||||
21 | the good conduct credits before the Prisoner Review
Board as | ||||||
22 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
23 | If the prisoner has not accumulated 180 days of good conduct | ||||||
24 | credit at the
time of the finding, then the Prisoner Review | ||||||
25 | Board may revoke all
good conduct credit accumulated by the | ||||||
26 | prisoner.
| ||||||
27 | For purposes of this subsection (d):
| ||||||
28 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
29 | filing which
purports to be a legal document filed by a | ||||||
30 | prisoner in his or her lawsuit meets
any or all of the | ||||||
31 | following criteria:
| ||||||
32 | (A) it lacks an arguable basis either in law or in | ||||||
33 | fact;
| ||||||
34 | (B) it is being presented for any improper purpose, | ||||||
35 | such as to harass or
to cause unnecessary delay or | ||||||
36 | needless increase in the cost of litigation;
|
| |||||||
| |||||||
1 | (C) the claims, defenses, and other legal | ||||||
2 | contentions therein are not
warranted by existing law | ||||||
3 | or by a nonfrivolous argument for the extension,
| ||||||
4 | modification, or reversal of existing law or the | ||||||
5 | establishment of new law;
| ||||||
6 | (D) the allegations and other factual contentions | ||||||
7 | do not have
evidentiary
support or, if specifically so | ||||||
8 | identified, are not likely to have evidentiary
support | ||||||
9 | after a reasonable opportunity for further | ||||||
10 | investigation or discovery;
or
| ||||||
11 | (E) the denials of factual contentions are not | ||||||
12 | warranted on the
evidence, or if specifically so | ||||||
13 | identified, are not reasonably based on a lack
of | ||||||
14 | information or belief.
| ||||||
15 | (2) "Lawsuit" means a petition for post-conviction | ||||||
16 | relief under Article
122 of the Code of Criminal Procedure | ||||||
17 | of 1963, a motion pursuant to Section
116-3 of the Code of | ||||||
18 | Criminal Procedure of 1963, a habeas corpus action under
| ||||||
19 | Article X of the Code of Civil Procedure or under federal | ||||||
20 | law (28 U.S.C. 2254),
a petition for claim under the Court | ||||||
21 | of Claims Act or an action under the
federal Civil Rights | ||||||
22 | Act (42 U.S.C. 1983).
| ||||||
23 | (e) Nothing in Public Act 90-592 or 90-593
this amendatory | ||||||
24 | Act of
1998 affects the validity of Public Act 89-404.
| ||||||
25 | (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; | ||||||
26 | 93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
| ||||||
27 | Section 99. Effective date. This Act takes effect upon | ||||||
28 | becoming law.
|