HB1804 Engrossed LRB100 09059 SLF 19208 b
1		AN ACT concerning 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 adding Section 116-2.2 as follows:
6		(725 ILCS 5/116-2.2 new)
7		Sec. 116-2.2. Petition to resentence; statutory penalty
8		reduction.
9		(a) Upon verified petition for resentencing by the
10		defendant, the trial court that entered the judgment of
11		conviction in a defendant's case may order resentencing at any
12		time after 30 days have passed following the imposition of a
13		sentence under a guilty verdict or a finding of guilt for any
14		criminal offense under the Criminal Code of 1961 or the
15		Criminal Code of 2012 or a similar local ordinance provided:
16		(1) the State's Attorney or other prosecuting attorney
17		is given at least 30 day notice of the filing of the
18		petition seeking resentencing;
19		(2) the State's Attorney or other prosecuting attorney
20		files a response indicating agreement with the petition and
21		the defendant's request for resentencing; and
22		(3) the petition clearly states the statutory penalty
23		for the offense for which the defendant was found guilty or

HB1804 Engrossed - 2 - LRB100 09059 SLF 19208 b
1		convicted has, since his or her plea of guilty or
2		conviction, been subsequently reduced or altered in a
3		manner that includes, but is not limited to:
4		(A) reducing the minimum or maximum sentence for
5		the offense;
6		(B) granting the court more discretion over the
7		range of penalties available for the offense; or
8		(C) changing the penalties associated with the
9		offense or conduct underlying the offense in any way.
10		(b) If the court grants a petition under this Section, the
11		court must resentence the defendant in a manner that is
12		consistent with the penalty the defendant would have received
13		if the current law was in effect on the date when the offense
14		was committed or the original sentence was imposed and the
15		court may take any additional action it deems appropriate under
16		the circumstances.