Date	Chamber	Action
1/10/2017	House	Session Sine Die

Statutes Amended In Order of Appearance

725 ILCS 5/116-2.2 new

725 ILCS 120/4.5

730 ILCS 5/5-5-3.1

from Ch. 38, par. 1005-5-3.1

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that a defendant may file a petition for resentencing in the circuit court of the county in which he or she was originally sentenced, when the conviction was for a felony or for solicitation, attempt, or conspiracy to commit a felony; provided that: (1) at the time of the offense the defendant is or had been the victim of domestic violence perpetrated by an intimate partner; (2) the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct; (3) the petition shall present evidence supporting the defendant's assertion of (1) and (2) that was not presented at sentencing, and shall state why that evidence was not presented at sentencing; and (4) the defendant is incarcerated at the time the petition is filed. Provides that the burden of proof is on the defendant to establish, by a preponderance of the evidence, that at the time of the offense the defendant is or had been the victim of domestic violence perpetrated by an intimate partner, and that the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. Provides that the court may grant the petition if it determines that at the time of the offense the defendant is or had been the victim of domestic violence, and the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. Provides that if the court finds in favor of the defendant, it shall reduce the sentence in accordance with the current factors in mitigation in sentencing under the Unified Code of Corrections, as may be necessary and proper. Amends the Rights of Crime Victims and Witnesses Act and the Unified Code of Corrections to make conforming changes.

Actions 

Date	Chamber	Action
2/26/2015	House	Filed with the Clerk by Rep. Christian L. Mitchell
2/26/2015	House	First Reading
2/26/2015	House	Referred to Rules Committee
3/4/2015	House	Added Chief Co-Sponsor Rep. Kelly M. Cassidy
3/4/2015	House	Added Co-Sponsor Rep. Michael J. Zalewski
3/10/2015	House	Assigned to Judiciary - Criminal Committee
3/18/2015	House	Added Chief Co-Sponsor Rep. Rita Mayfield
3/18/2015	House	To Sentencing, Penalties, and Criminal Procedure Subcommittee
3/23/2015	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Christian L. Mitchell
3/23/2015	House	House Committee Amendment No. 1 Referred to Rules Committee
3/27/2015	House	Rule 19(a) / Re-referred to Rules Committee
1/10/2017	House	Session Sine Die

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