093_SB1441

 
                                     LRB093 10379 RLC 10633 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 or that the petitioner  failed  to
20        file  the  petition  within the time limits prescribed in
21        subsection (c) of Section 122-1 and the delay was due  to
22        the  petitioner's  culpable  negligence, it shall dismiss
23        the petition in a written order, specifying the  findings
24        of  fact  and  conclusions of law it made in reaching its
25        decision.  Such order of dismissal is  a  final  judgment
26        and shall be served upon the petitioner by certified mail
27        within 10 days of its entry. If the court determines that
28        the  petitioner's failure to file his or her petition was
29        not due to  the  petitioner's  culpable  negligence,  the
30        petitioner  may file a petition seeking relief under this
31        Article  within  30  days  after  the   court   makes   a
 
                            -2-      LRB093 10379 RLC 10633 b
 1        determination   that   the  delay  was  not  due  to  the
 2        petitioner's culpable negligence.
 3        (b)  If the petition is not dismissed  pursuant  to  this
 4    Section,  the  court  shall order the petition to be docketed
 5    for further consideration in accordance with  Sections  122-4
 6    through 122-6.
 7        (c)  In  considering a petition pursuant to this Section,
 8    the court may examine the court file  of  the  proceeding  in
 9    which  the  petitioner  was convicted, any action taken by an
10    appellate court in such proceeding  and  any  transcripts  of
11    such proceeding.
12    (Source: P.A. 86-655; 87-904.)