Sen. Toi W. Hutchinson
Filed: 2/14/2018
 
 


 




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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) A person serving a sentence for any criminal offense 
10under the Criminal Code of 1961 or the Criminal Code of 2012 or 
11a similar local ordinance for which the statutory penalty has 
12been subsequently reduced or altered may petition the trial 
13court that entered the judgment of conviction to request 
14resentencing or dismissal in accordance with the statutory 
15penalty in effect at the time of the filing of the petition.
16 (b) Upon verified petition for resentencing by the 
 
 
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1defendant, the trial court that entered the judgment of 
2conviction in a defendant's case may order resentencing at any 
3time after 30 days have passed following the imposition of a 
4sentence under a guilty verdict or a finding of guilt for any 
5criminal offense under the Criminal Code of 1961 or the 
6Criminal Code of 2012 or a similar local ordinance provided:
7  (1) the State's Attorney or other prosecuting attorney 
8 is given at least 30-day notice of the filing of the 
9 petition seeking resentencing; and
10  (2) the statutory penalty for the offense for which the 
11 defendant was found guilty or convicted, since his or her 
12 plea of guilty or conviction, has been subsequently reduced 
13 or altered in a manner that includes, but is not limited 
14 to:
15   (A) reducing the minimum or maximum sentence for 
16 the offense;
17   (B) granting the court more discretion over the 
18 range of penalties available for the offense; or
19   (C) changing the penalties associated with the 
20 offense or conduct underlying the offense in any way.
21 (c) In determining whether to grant a petition under this 
22Section, the court shall determine whether the petitioner 
23satisfies the criteria in subsection (b). If the petitioner 
24satisfies the criteria in subsection (b), the court shall 
25resentence the defendant in a manner that is consistent with 
26the penalty the defendant would have received if the statutory 
 
 
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1penalty in effect at the time of the filing of the petition was 
2in effect on the date when the offense was committed or the 
3original sentence was imposed, unless the court, in its 
4discretion, determines that resentencing the petitioner would 
5pose an unreasonable risk of danger to public safety. In 
6exercising its discretion, the court may consider any of the 
7following:
8  (1) the petitioner's criminal conviction history, 
9 including the type of offenses committed, the extent of 
10 injury to victims, the length of prior prison commitments, 
11 and the remoteness of the offenses;
12  (2) the petitioner's disciplinary record and record of 
13 rehabilitation while incarcerated; and
14  (3) any other evidence the court, within its 
15 discretion, determines to be relevant in deciding whether a 
16 new sentence would result in an unreasonable risk of danger 
17 to public safety.
18 In this subsection (c), "unreasonable risk of danger to 
19public safety" means an unreasonable risk that the petitioner 
20will commit a new violent felony under the Criminal Code of 
212012.
22 (d) A person who is resentenced under subsection (b) shall 
23be given credit for time served and shall be subject to parole 
24or mandatory supervised release for one year following 
25completion of his or her sentence, unless the court, in its 
26discretion, as part of its resentencing order, releases the 
 
 
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1person from parole or mandatory supervised release.
2 (e) Resentencing under this Section may not result in the 
3imposition of a term of imprisonment longer than the original 
4sentence.
5 (f) A person who has completed his or her sentence for a 
6conviction of a felony who would have been guilty of a 
7misdemeanor if the current law was in effect on the date when 
8the offense was committed or the original sentence was imposed, 
9may petition the trial court that entered the judgment of 
10conviction in his or her case to have the felony conviction 
11designated as a misdemeanor.
12 (g) If the petition satisfies the criteria in subsection 
13(f), the court shall designate the felony offense as a 
14misdemeanor.
15 (h) A person who has completed his or her sentence for a 
16conviction of a felony who would not have been guilty of an 
17offense if the statutory penalty in effect at the time of the 
18filing of the petition was in effect on the date when the 
19offense was committed or the original sentence was imposed, may 
20file an application before the trial court that entered the 
21judgment of conviction in his or her case to have the 
22conviction dismissed and sealed.".