|
Rep. Edward J. Acevedo
Filed: 3/6/2012
| | 09700HB3233ham001 | | LRB097 10923 RLC 67148 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 3233
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 3233 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-3-13 as follows:
|
| 6 | | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
|
| 7 | | Sec. 3-3-13. Procedure for Executive Clemency.
|
| 8 | | (a) Petitions seeking pardon, commutation, or reprieve |
| 9 | | shall be
addressed to the Governor and filed with the Prisoner |
| 10 | | Review
Board. The petition shall be in writing and signed by |
| 11 | | the
person under conviction or by a person on his behalf. It |
| 12 | | shall
contain a brief history of the case, the reasons for |
| 13 | | seeking
executive clemency, and other relevant information the |
| 14 | | Board may require.
|
| 15 | | (a-5) After a petition has been denied by the Governor, the |
| 16 | | Board may not
accept a repeat petition for executive clemency |
|
| | 09700HB3233ham001 | - 2 - | LRB097 10923 RLC 67148 a |
|
|
| 1 | | for the same person until 4 years have one
full year has |
| 2 | | elapsed from the date of the denial. The Chairman of the Board
|
| 3 | | may waive the 4-year one-year requirement if the petitioner |
| 4 | | offers in writing
new information that was unavailable to the |
| 5 | | petitioner at the time
of the filing of the prior petition and |
| 6 | | which the Chairman determines to be
significant. The Chairman |
| 7 | | also may waive the 4-year one-year
waiting period if the |
| 8 | | petitioner can show that a change in circumstances of a
|
| 9 | | compelling humanitarian nature has arisen since the denial of |
| 10 | | the prior
petition.
|
| 11 | | (b) Notice of the proposed application shall be given by
|
| 12 | | the Board to the committing court and the state's attorney of
|
| 13 | | the county where the conviction was had.
|
| 14 | | (c) The Board shall, if requested and upon due notice,
give |
| 15 | | a hearing to each application, allowing representation by
|
| 16 | | counsel, if desired, after which it shall confidentially
advise |
| 17 | | the Governor by a written report of its recommendations
which |
| 18 | | shall be determined by majority vote. The Board shall
meet to |
| 19 | | consider such petitions no less than 4 times each
year.
|
| 20 | | Application for executive clemency under this Section may |
| 21 | | not be commenced
on behalf of a person who has been sentenced |
| 22 | | to death without the written
consent of the defendant, unless |
| 23 | | the defendant, because of a mental or
physical condition, is |
| 24 | | incapable of asserting his or her own claim.
|
| 25 | | (d) The Governor shall decide each application and
|
| 26 | | communicate his decision to the Board which shall notify the
|
|
| | 09700HB3233ham001 | - 3 - | LRB097 10923 RLC 67148 a |
|
|
| 1 | | petitioner.
|
| 2 | | In the event a petitioner who has been convicted of a Class |
| 3 | | X felony is
granted a release, after the Governor has |
| 4 | | communicated such decision to
the Board, the Board shall give |
| 5 | | written notice to the Sheriff of the county
from which the |
| 6 | | offender was sentenced if such sheriff has requested that
such |
| 7 | | notice be given on a continuing basis. In cases where arrest of |
| 8 | | the
offender or the commission of the offense took place in any |
| 9 | | municipality
with a population of more than 10,000 persons, the |
| 10 | | Board shall also give
written notice to the proper law |
| 11 | | enforcement agency for said municipality
which has requested |
| 12 | | notice on a continuing basis.
|
| 13 | | (e) Nothing in this Section shall be construed to limit the |
| 14 | | power of the
Governor under the constitution to grant a |
| 15 | | reprieve, commutation of sentence,
or pardon.
|
| 16 | | (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)".
|