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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 Unified Code of Corrections is amended by | ||||||
5 | changing Section 3-6-3 as follows:
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6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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7 | Sec. 3-6-3. Rules and Regulations for Early Release.
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8 | (a) (1) The Department of Corrections shall prescribe | ||||||
9 | rules
and regulations for the early release on account of | ||||||
10 | good
conduct of persons committed to the Department which | ||||||
11 | shall
be subject to review by the Prisoner Review Board.
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12 | (2) The rules and regulations on early release shall | ||||||
13 | provide, with
respect to offenses listed in clause (i), | ||||||
14 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
15 | June 19, 1998 or with respect to the offense listed in | ||||||
16 | clause (iv) of this paragraph (2) committed on or after the | ||||||
17 | effective date of this amendatory Act of the 94th General | ||||||
18 | Assembly , the following:
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19 | (i) that a prisoner who is serving a term of | ||||||
20 | imprisonment for first
degree murder or for the offense | ||||||
21 | of terrorism shall receive no good conduct
credit and | ||||||
22 | shall serve the entire
sentence imposed by the court;
| ||||||
23 | (ii) that a prisoner serving a sentence for attempt | ||||||
24 | to commit first
degree murder, solicitation of murder, | ||||||
25 | solicitation of murder for hire,
intentional homicide | ||||||
26 | of an unborn child, predatory criminal sexual assault | ||||||
27 | of a
child, aggravated criminal sexual assault, | ||||||
28 | criminal sexual assault, aggravated
kidnapping, | ||||||
29 | aggravated battery with a firearm, heinous battery, | ||||||
30 | aggravated
battery of a senior citizen, or aggravated | ||||||
31 | battery of a child shall receive no
more than 4.5 days | ||||||
32 | of good conduct credit for each month of his or her |
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1 | sentence
of imprisonment; and
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2 | (iii) that a prisoner serving a sentence
for home | ||||||
3 | invasion, armed robbery, aggravated vehicular | ||||||
4 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
5 | violence with a category I weapon
or category II | ||||||
6 | weapon, when the court
has made and entered a finding, | ||||||
7 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
8 | Code, that the conduct leading to conviction for the | ||||||
9 | enumerated offense
resulted in great bodily harm to a | ||||||
10 | victim, shall receive no more than 4.5 days
of good | ||||||
11 | conduct credit for each month of his or her sentence of | ||||||
12 | imprisonment ; and .
| ||||||
13 | (iv) that a prisoner serving a sentence for | ||||||
14 | aggravated discharge of a firearm, whether or not the | ||||||
15 | conduct leading to conviction for the offense resulted | ||||||
16 | in great bodily harm to the victim, shall receive no | ||||||
17 | more than 4.5 days of good conduct credit for each | ||||||
18 | month of his or her sentence of imprisonment.
| ||||||
19 | (2.1) For all offenses, other than those enumerated in | ||||||
20 | subdivision (a)(2) (i), (ii), or (iii)
committed on or after | ||||||
21 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
22 | after the effective date of this amendatory Act of the 94th | ||||||
23 | General Assembly , and other than the offense of reckless
| ||||||
24 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
25 | Criminal Code of
1961 committed on or after January 1, | ||||||
26 | 1999,
or aggravated driving under the influence of alcohol, | ||||||
27 | other drug or drugs, or
intoxicating compound or compounds, | ||||||
28 | or any combination thereof as defined in
subparagraph (F) | ||||||
29 | of paragraph (1) of subsection (d) of Section 11-501 of the
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30 | Illinois Vehicle Code,
the rules and regulations shall
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31 | provide that a prisoner who is serving a term of
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32 | imprisonment shall receive one day of good conduct credit | ||||||
33 | for each day of
his or her sentence of imprisonment or | ||||||
34 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
35 | credit shall reduce by one day the prisoner's period
of | ||||||
36 | imprisonment or recommitment under Section 3-3-9.
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1 | (2.2) A prisoner serving a term of natural life | ||||||
2 | imprisonment or a
prisoner who has been sentenced to death | ||||||
3 | shall receive no good conduct
credit.
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4 | (2.3) The rules and regulations on early release shall | ||||||
5 | provide that
a prisoner who is serving a sentence for | ||||||
6 | reckless homicide as defined in
subsection (e) of Section | ||||||
7 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
8 | January 1, 1999, or aggravated driving under the influence | ||||||
9 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
10 | or compounds, or any combination
thereof as defined in | ||||||
11 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
12 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
13 | no more than 4.5
days of good conduct credit for each month | ||||||
14 | of his or her sentence of
imprisonment.
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15 | (2.4) The rules and regulations on early release shall | ||||||
16 | provide with
respect to the offenses of aggravated battery | ||||||
17 | with a machine gun or a firearm
equipped with any device or | ||||||
18 | attachment designed or used for silencing the
report of a | ||||||
19 | firearm or aggravated discharge of a machine gun or a | ||||||
20 | firearm
equipped with any device or attachment designed or | ||||||
21 | used for silencing the
report of a firearm, committed on or | ||||||
22 | after
July 15, 1999 ( the effective date of Public Act | ||||||
23 | 91-121)
this
amendatory Act of 1999 ,
that a prisoner | ||||||
24 | serving a sentence for any of these offenses shall receive | ||||||
25 | no
more than 4.5 days of good conduct credit for each month | ||||||
26 | of his or her sentence
of imprisonment.
| ||||||
27 | (2.5) The rules and regulations on early release shall | ||||||
28 | provide that a
prisoner who is serving a sentence for | ||||||
29 | aggravated arson committed on or after
July 27, 2001 ( the | ||||||
30 | effective date of Public Act 92-176)
this
amendatory Act of | ||||||
31 | the 92nd 93rd General Assembly shall receive no more than
| ||||||
32 | 4.5 days of good conduct credit for each month of his or | ||||||
33 | her sentence of
imprisonment.
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34 | (3) The rules and regulations shall also provide that
| ||||||
35 | the Director may award up to 180 days additional good | ||||||
36 | conduct
credit for meritorious service in specific |
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1 | instances as the
Director deems proper; except that no more | ||||||
2 | than 90 days
of good conduct credit for meritorious service
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3 | shall be awarded to any prisoner who is serving a sentence | ||||||
4 | for
conviction of first degree murder, reckless homicide | ||||||
5 | while under the
influence of alcohol or any other drug,
or | ||||||
6 | aggravated driving under the influence of alcohol, other | ||||||
7 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
8 | any combination thereof as defined in
subparagraph (F) of | ||||||
9 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
10 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
11 | predatory criminal sexual assault of a child,
aggravated | ||||||
12 | criminal sexual assault, criminal sexual assault, deviate | ||||||
13 | sexual
assault, aggravated criminal sexual abuse, | ||||||
14 | aggravated indecent liberties
with a child, indecent | ||||||
15 | liberties with a child, child pornography, heinous
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16 | battery, aggravated battery of a spouse, aggravated | ||||||
17 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
18 | stalking, aggravated battery of a child,
endangering the | ||||||
19 | life or health of a child, cruelty to a child, or narcotic
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20 | racketeering. Notwithstanding the foregoing, good conduct | ||||||
21 | credit for
meritorious service shall not be awarded on a
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22 | sentence of imprisonment imposed for conviction of: (i) one | ||||||
23 | of the offenses
enumerated in subdivision (a)(2) (i), (ii), | ||||||
24 | or (iii) when the offense is committed on or after
June 19, | ||||||
25 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
26 | committed on or after the effective date of this amendatory | ||||||
27 | Act of the 94th General Assembly , (ii) reckless homicide as
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28 | defined in subsection (e) of Section 9-3 of the Criminal | ||||||
29 | Code of 1961 when
the offense is committed on or after | ||||||
30 | January 1, 1999,
or aggravated driving under the influence | ||||||
31 | of alcohol, other drug or drugs, or
intoxicating compound | ||||||
32 | or compounds, or any combination thereof as defined in
| ||||||
33 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
34 | Section 11-501 of the
Illinois Vehicle Code, (iii) one of | ||||||
35 | the offenses enumerated in subdivision
(a)(2.4) when the | ||||||
36 | offense is committed on or after
July 15, 1999 ( the |
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1 | effective date of Public Act 91-121)
this
amendatory Act of | ||||||
2 | 1999 ,
or (iv) aggravated arson when the offense is | ||||||
3 | committed
on or after July 27, 2001 ( the effective date of | ||||||
4 | Public Act 92-176)
this amendatory Act of the 92nd 93rd | ||||||
5 | General Assembly .
| ||||||
6 | (4) The rules and regulations shall also provide that | ||||||
7 | the good conduct
credit accumulated and retained under | ||||||
8 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
9 | inmate during specific periods of time in which such
inmate | ||||||
10 | is engaged full-time in substance abuse programs, | ||||||
11 | correctional
industry assignments, or educational programs | ||||||
12 | provided by the Department
under this paragraph (4) and | ||||||
13 | satisfactorily completes the assigned program as
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14 | determined by the standards of the Department, shall be | ||||||
15 | multiplied by a factor
of 1.25 for program participation | ||||||
16 | before August 11, 1993
and 1.50 for program participation | ||||||
17 | on or after that date.
However, no inmate shall be eligible | ||||||
18 | for the additional good conduct credit
under this paragraph | ||||||
19 | (4) while assigned to a boot camp, mental health unit,
or | ||||||
20 | electronic detention, or if convicted of an offense | ||||||
21 | enumerated in subdivision
paragraph (a)(2) (i), (ii), or | ||||||
22 | (iii) of this Section that is committed on or after June | ||||||
23 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
24 | committed on or after the effective date of this amendatory | ||||||
25 | Act of the 94th General Assembly , or if convicted of | ||||||
26 | reckless homicide as defined in subsection (e) of
Section | ||||||
27 | 9-3 of the Criminal Code of 1961 if the offense is | ||||||
28 | committed on or
after January 1, 1999,
or aggravated | ||||||
29 | driving under the influence of alcohol, other drug or | ||||||
30 | drugs, or
intoxicating compound or compounds, or any | ||||||
31 | combination thereof as defined in
subparagraph (F) of | ||||||
32 | paragraph (1) of subsection (d) of Section 11-501 of the
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33 | Illinois Vehicle Code, or if convicted of an offense | ||||||
34 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
35 | committed on or after
July 15, 1999 ( the effective date of | ||||||
36 | Public Act 91-121)
this
amendatory Act of 1999 ,
or first |
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1 | degree murder, a Class X felony, criminal sexual
assault, | ||||||
2 | felony criminal sexual abuse, aggravated criminal sexual | ||||||
3 | abuse,
aggravated battery with a firearm, or any | ||||||
4 | predecessor or successor offenses
with the same or | ||||||
5 | substantially the same elements, or any inchoate offenses
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6 | relating to the foregoing offenses. No inmate shall be | ||||||
7 | eligible for the
additional good conduct credit under this | ||||||
8 | paragraph (4) who (i) has previously
received increased | ||||||
9 | good conduct credit under this paragraph (4) and has
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10 | subsequently been convicted of a
felony, or (ii) has | ||||||
11 | previously served more than one prior sentence of
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12 | imprisonment for a felony in an adult correctional | ||||||
13 | facility.
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14 | Educational, vocational, substance abuse and | ||||||
15 | correctional
industry programs under which good conduct | ||||||
16 | credit may be increased under
this paragraph (4) shall be | ||||||
17 | evaluated by the Department on the basis of
documented | ||||||
18 | standards. The Department shall report the results of these
| ||||||
19 | evaluations to the Governor and the General Assembly by | ||||||
20 | September 30th of each
year. The reports shall include data | ||||||
21 | relating to the recidivism rate among
program | ||||||
22 | participants.
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23 | Availability of these programs shall be subject to the
| ||||||
24 | limits of fiscal resources appropriated by the General | ||||||
25 | Assembly for these
purposes. Eligible inmates who are | ||||||
26 | denied immediate admission shall be
placed on a waiting | ||||||
27 | list under criteria established by the Department.
The | ||||||
28 | inability of any inmate to become engaged in any such | ||||||
29 | programs
by reason of insufficient program resources or for | ||||||
30 | any other reason
established under the rules and | ||||||
31 | regulations of the Department shall not be
deemed a cause | ||||||
32 | of action under which the Department or any employee or
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33 | agent of the Department shall be liable for damages to the | ||||||
34 | inmate.
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35 | (4.5) The rules and regulations on early release shall | ||||||
36 | also provide that
a prisoner who is serving a sentence for |
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1 | a crime committed as a result of the
use of, abuse of, or | ||||||
2 | addiction to alcohol or a controlled substance and the
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3 | crime was committed on or after September 1, 2003 ( the | ||||||
4 | effective date of
Public Act 93-354)
this Amendatory Act of | ||||||
5 | the 93rd General Assembly
shall receive no good conduct | ||||||
6 | credit until he or she participates in and
completes a | ||||||
7 | substance abuse treatment program. Good conduct credit | ||||||
8 | awarded
under clauses (2), (3), and (4) of this subsection | ||||||
9 | (a) for crimes committed on
or after September 1, 2003
the | ||||||
10 | effective date of this amendatory Act of
the 93rd General | ||||||
11 | Assembly is subject to the provisions of this clause (4.5).
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12 | If the prisoner completes a substance abuse treatment | ||||||
13 | program, the Department
may award good conduct credit for | ||||||
14 | the time spent in treatment. Availability of
substance | ||||||
15 | abuse treatment shall be subject to the limits of fiscal | ||||||
16 | resources
appropriated by the General Assembly for these | ||||||
17 | purposes. If treatment is not
available, the prisoner shall | ||||||
18 | be placed on a waiting list under criteria
established by | ||||||
19 | the Department. The Department may require a prisoner | ||||||
20 | placed on
a waiting list to attend a substance abuse | ||||||
21 | education class or attend substance
abuse self-help | ||||||
22 | meetings. A prisoner may not lose good conduct credit as a
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23 | result of being placed on a waiting list. A prisoner placed | ||||||
24 | on a waiting list
remains eligible for increased good | ||||||
25 | conduct credit for participation in an
educational, | ||||||
26 | vocational, or correctional industry program under clause | ||||||
27 | (4) of
subsection (a) of this Section.
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28 | (5) Whenever the Department is to release any inmate | ||||||
29 | earlier than it
otherwise would because of a grant of good | ||||||
30 | conduct credit for meritorious
service given at any time | ||||||
31 | during the term, the Department shall give
reasonable | ||||||
32 | advance notice of the impending release to the State's
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33 | Attorney of the county where the prosecution of the inmate | ||||||
34 | took place.
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35 | (b) Whenever a person is or has been committed under
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36 | several convictions, with separate sentences, the sentences
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1 | shall be construed under Section 5-8-4 in granting and
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2 | forfeiting of good time.
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3 | (c) The Department shall prescribe rules and regulations
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4 | for revoking good conduct credit, or suspending or reducing
the | ||||||
5 | rate of accumulation of good conduct credit for specific
rule | ||||||
6 | violations, during imprisonment. These rules and regulations
| ||||||
7 | shall provide that no inmate may be penalized more than one
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8 | year of good conduct credit for any one infraction.
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9 | When the Department seeks to revoke, suspend or reduce
the | ||||||
10 | rate of accumulation of any good conduct credits for
an alleged | ||||||
11 | infraction of its rules, it shall bring charges
therefor | ||||||
12 | against the prisoner sought to be so deprived of
good conduct | ||||||
13 | credits before the Prisoner Review Board as
provided in | ||||||
14 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
15 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
16 | month period, the cumulative amount of
credit revoked exceeds | ||||||
17 | 30 days except where the infraction is committed
or discovered | ||||||
18 | within 60 days of scheduled release. In those cases,
the | ||||||
19 | Department of Corrections may revoke up to 30 days of good | ||||||
20 | conduct credit.
The Board may subsequently approve the | ||||||
21 | revocation of additional good
conduct credit, if the Department | ||||||
22 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
23 | However, the Board shall not be empowered to review the
| ||||||
24 | Department's decision with respect to the loss of 30 days of | ||||||
25 | good conduct
credit within any calendar year for any prisoner | ||||||
26 | or to increase any penalty
beyond the length requested by the | ||||||
27 | Department.
| ||||||
28 | The Director of the Department of Corrections, in | ||||||
29 | appropriate cases, may
restore up to 30 days good conduct | ||||||
30 | credits which have been revoked, suspended
or reduced. Any | ||||||
31 | restoration of good conduct credits in excess of 30 days shall
| ||||||
32 | be subject to review by the Prisoner Review Board. However, the | ||||||
33 | Board may not
restore good conduct credit in excess of the | ||||||
34 | amount requested by the Director.
| ||||||
35 | Nothing contained in this Section shall prohibit the | ||||||
36 | Prisoner Review Board
from ordering, pursuant to Section |
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| |||||||
1 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
2 | sentence imposed by the court that was not served due to the
| ||||||
3 | accumulation of good conduct credit.
| ||||||
4 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
5 | federal court
against the State, the Department of Corrections, | ||||||
6 | or the Prisoner Review Board,
or against any of
their officers | ||||||
7 | or employees, and the court makes a specific finding that a
| ||||||
8 | pleading, motion, or other paper filed by the prisoner is | ||||||
9 | frivolous, the
Department of Corrections shall conduct a | ||||||
10 | hearing to revoke up to
180 days of good conduct credit by | ||||||
11 | bringing charges against the prisoner
sought to be deprived of | ||||||
12 | the good conduct credits before the Prisoner Review
Board as | ||||||
13 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
14 | If the prisoner has not accumulated 180 days of good conduct | ||||||
15 | credit at the
time of the finding, then the Prisoner Review | ||||||
16 | Board may revoke all
good conduct credit accumulated by the | ||||||
17 | prisoner.
| ||||||
18 | For purposes of this subsection (d):
| ||||||
19 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
20 | filing which
purports to be a legal document filed by a | ||||||
21 | prisoner in his or her lawsuit meets
any or all of the | ||||||
22 | following criteria:
| ||||||
23 | (A) it lacks an arguable basis either in law or in | ||||||
24 | fact;
| ||||||
25 | (B) it is being presented for any improper purpose, | ||||||
26 | such as to harass or
to cause unnecessary delay or | ||||||
27 | needless increase in the cost of litigation;
| ||||||
28 | (C) the claims, defenses, and other legal | ||||||
29 | contentions therein are not
warranted by existing law | ||||||
30 | or by a nonfrivolous argument for the extension,
| ||||||
31 | modification, or reversal of existing law or the | ||||||
32 | establishment of new law;
| ||||||
33 | (D) the allegations and other factual contentions | ||||||
34 | do not have
evidentiary
support or, if specifically so | ||||||
35 | identified, are not likely to have evidentiary
support | ||||||
36 | after a reasonable opportunity for further |
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| |||||||
1 | investigation or discovery;
or
| ||||||
2 | (E) the denials of factual contentions are not | ||||||
3 | warranted on the
evidence, or if specifically so | ||||||
4 | identified, are not reasonably based on a lack
of | ||||||
5 | information or belief.
| ||||||
6 | (2) "Lawsuit" means a petition for post-conviction | ||||||
7 | relief under Article
122 of the Code of Criminal Procedure | ||||||
8 | of 1963, a motion pursuant to Section
116-3 of the Code of | ||||||
9 | Criminal Procedure of 1963, a habeas corpus action under
| ||||||
10 | Article X of the Code of Civil Procedure or under federal | ||||||
11 | law (28 U.S.C. 2254),
a petition for claim under the Court | ||||||
12 | of Claims Act or an action under the
federal Civil Rights | ||||||
13 | Act (42 U.S.C. 1983).
| ||||||
14 | (e) Nothing in Public Act 90-592 or 90-593
this amendatory | ||||||
15 | Act of
1998 affects the validity of Public Act 89-404.
| ||||||
16 | (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; | ||||||
17 | 93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|