093_SB1440eng

 
SB1440 Engrossed                     LRB093 10377 RLC 10631 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 122-1 as 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)  No proceedings under this Article shall be commenced
24    more than 6 months after the denial of a petition  for  leave
25    to  appeal  or the date for filing such a petition if none is
26    filed or more than 45 days after the defendant files  his  or
27    her  brief  in the appeal of the sentence before the Illinois
28    Supreme Court (or more than 45 days after  the  deadline  for
29    the filing of the defendant's brief with the Illinois Supreme
30    Court  if  no  brief  is  filed)  or 3 years from the date of
31    conviction,  whichever  is  sooner,  unless  the   petitioner
 
SB1440 Engrossed            -2-      LRB093 10377 RLC 10631 b
 1    alleges  facts  showing  that the delay was not due to his or
 2    her culpable negligence.
 3        (d)  A person seeking relief by filing a  petition  under
 4    this Section must specify in the petition or its heading that
 5    it  is  filed  under  this  Section.   A trial court that has
 6    received a petition complaining of a conviction  or  sentence
 7    that  fails to specify in the petition or its heading that it
 8    is filed under this Section need not evaluate the petition to
 9    determine whether it could otherwise have stated some grounds
10    for relief under this Article.
11        (e)  A proceeding under this Article may not be commenced
12    on behalf of a defendant who  has  been  sentenced  to  death
13    without  the  written  consent  of  the defendant, unless the
14    defendant, because of a  mental  or  physical  condition,  is
15    incapable of asserting his or her own claim.
16        (f)  Only one petition may be filed by a petitioner under
17    this Article without leave of the court.
18    (Source:  P.A.  89-284,  eff.  1-1-96;  89-609,  eff. 1-1-97;
19    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)