Rep. Kelly M. Cassidy
Filed: 3/15/2017
 
 


 




10000HB1804ham002LRB100 09059 SLF 23332 a



1
AMENDMENT TO HOUSE BILL 1804 




2 AMENDMENT NO. ______. Amend House Bill 1804 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Code of Criminal Procedure of 1963 is 
5amended 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 
8reduction.
9 (a) Upon verified petition for resentencing by the 
10defendant, the trial court that entered the judgment of 
11conviction in a defendant's case may order resentencing at any 
12time after 30 days have passed following the imposition of a 
13sentence under a guilty verdict or a finding of guilt for any 
14criminal offense under the Criminal Code of 1961 or the 
15Criminal Code of 2012 or a similar local ordinance provided:
16  (1) the State's Attorney or other prosecuting attorney 
 
 
10000HB1804ham002- 2 -LRB100 09059 SLF 23332 a


1 is given at least 30 day notice of the filing of the 
2 petition seeking resentencing;
3  (2) the State's Attorney or other prosecuting attorney 
4 files a response indicating agreement with the petition and 
5 the defendant's request for resentencing; and
6  (3) the petition clearly states the statutory penalty 
7 for the offense for which the defendant was found guilty or 
8 convicted has, since his or her plea of guilty or 
9 conviction, been subsequently reduced or altered in a 
10 manner that includes, but is not limited to:
11   (A) reducing the minimum or maximum sentence for 
12 the offense;
13   (B) granting the court more discretion over the 
14 range of penalties available for the offense; or
15   (C) changing the penalties associated with the 
16 offense or conduct underlying the offense in any way.
17 (b) If the court grants a petition under this Section, the 
18court must resentence the defendant in a manner that is 
19consistent with the penalty the defendant would have received 
20if the current law was in effect on the date when the offense 
21was committed or the original sentence was imposed and the 
22court may take any additional action it deems appropriate under 
23the circumstances.".