Bill Status of HB 2961   98th General Assembly

Short Description:  CRIM PRO POST CONVICTION

House Sponsors
Rep. Scott Drury-Mary E. Flowers-La Shawn K. Ford-Monique D. Davis, William Davis, Arthur Turner, Thomas Morrison, Kenneth Dunkin, Greg Harris and Rita Mayfield

Senate Sponsors
(Sen. Kwame Raoul)


Last Action  View All Actions

DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/122-1from Ch. 38, par. 122-1
725 ILCS 5/122-2.1from Ch. 38, par. 122-2.1

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Allows any defendant convicted of a criminal offense (rather than only those imprisoned on a felony offense) to file a post-conviction petition challenging his or her conviction on the grounds there was a substantial denial of his or her rights under the Constitution of the United States or of the State of Illinois. Allows any defendant convicted of a criminal offense (rather than only those under sentence of death) to file a post-conviction petition on the basis of newly discovered evidence (rather than newly discovered evidence not available at the time of the proceeding in which he or she was convicted) that establishes a substantial basis to believe that the defendant is actually innocent by clear and convincing evidence. Allows a post-conviction petition to be commenced on behalf of any defendant (rather than only a defendant sentenced to death), without the written consent of the defendant, if the defendant, because of a mental or physical condition, is incapable of asserting his or her own claim. Makes conforming changes in the statute on court dismissals of post-conviction petitions.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Reinserts the provisions of the bill. Provides that post-conviction hearings apply to delinquency adjudications. Provides that leave of court may be granted to file more than one post-conviction petition if the petitioner demonstrates: (1) cause for his or her failure to bring the claim in his or her initial post-conviction proceedings and prejudice results from that failure; or (2) that there has been a fundamental miscarriage of justice. Provides that a petitioner demonstrates a miscarriage of justice by showing there is newly discovered evidence that establishes that it is more likely than not that the petitioner is actually innocent by clear and convincing evidence.

House Floor Amendment No. 2
Provides that leave of court may be granted to file more than one post-conviction petition if the petitioner demonstrates: (1) cause for his or her failure to bring the claim in his or her initial post-conviction proceedings and prejudice results from that failure; or (2) that there has been a fundamental miscarriage of justice. Provides that a petitioner demonstrates a fundamental miscarriage of justice by adequately pleading that there is newly discovered evidence that establishes a substantial basis to believe that the petitioner is actually innocent by clear and convincing evidence. Establishes when the determination as to whether to grant leave of court shall be made.

Actions 
DateChamber Action
  2/26/2013HouseFiled with the Clerk by Rep. Scott Drury
  2/26/2013HouseFirst Reading
  2/26/2013HouseReferred to Rules Committee
  2/27/2013HouseAdded Co-Sponsor Rep. Arthur Turner
  2/27/2013HouseAdded Co-Sponsor Rep. Thomas Morrison
  3/1/2013HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  3/4/2013HouseAssigned to Restorative Justice Committee
  3/6/2013HouseAdded Co-Sponsor Rep. William Davis
  3/6/2013HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/6/2013HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/6/2013HouseRemoved Co-Sponsor Rep. Mary E. Flowers
  3/6/2013HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  3/6/2013HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  3/6/2013HouseAdded Co-Sponsor Rep. Greg Harris
  3/7/2013HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/15/2013HouseDo Pass / Short Debate Restorative Justice Committee; 005-000-000
  3/15/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/22/2013HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Scott Drury
  3/22/2013HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/5/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Scott Drury
  4/5/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/8/2013HouseHouse Floor Amendment No. 1 Rules Refers to Restorative Justice Committee
  4/8/2013HouseHouse Floor Amendment No. 2 Rules Refers to Restorative Justice Committee
  4/9/2013HouseHouse Floor Amendment No. 1 Recommends Be Adopted Restorative Justice Committee; 007-000-000
  4/9/2013HouseHouse Floor Amendment No. 2 Recommends Be Adopted Restorative Justice Committee; 007-000-000
  4/9/2013HouseSecond Reading - Short Debate
  4/9/2013HouseHouse Floor Amendment No. 1 Adopted
  4/9/2013HouseHouse Floor Amendment No. 2 Adopted
  4/9/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2013HouseThird Reading - Short Debate - Passed 075-034-000
  4/11/2013SenateArrive in Senate
  4/11/2013SenatePlaced on Calendar Order of First Reading
  4/11/2013SenateChief Senate Sponsor Sen. Kwame Raoul
  4/11/2013SenateFirst Reading
  4/11/2013SenateReferred to Assignments
  4/16/2013SenateAssigned to Criminal Law
  5/1/2013SenatePostponed - Criminal Law
  5/7/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  5/7/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/7/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/10/2013SenateRule 2-10 Committee Deadline Established As May 31, 2013
  8/9/2013SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  8/9/2013SenateSenate Committee Amendment No. 1 Re-referred to Assignments; 3-9(B)
  12/3/2014HouseSession Sine Die

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