HB 4828 Illinois House · 100th Regular Session

CRIM PRO-PENALTY REDUCTION

Summary
Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance for which the statutory penalty has been subsequently reduced or altered may petition the trial court that entered the judgment of conviction to request resentencing or dismissal in accordance with the statutory penalty in effect at the time of the filing of the petition. Provides that upon verified petition for resentencing by the defendant, the trial court that entered the judgment of conviction in a defendant's case may order resentencing at any time after 30 days have passed following the imposition of a sentence under a guilty verdict or a finding of guilt for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance provided: (1) the State's Attorney or other prosecuting attorney is given at least 30-day notice of the filing of the petition seeking resentencing; (2) the statutory penalty for the offense for which the defendant was found guilty or convicted, since his or her plea of guilty or conviction, has been subsequently reduced or altered in a manner that includes, but is not limited to: (A) reducing the minimum or maximum sentence for the offense; (B) granting the court more discretion over the range of penalties available for the offense; or (C) changing the penalties associated with the offense or conduct underlying the offense in any way.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2018
Committee Review
Floor Vote
Governor
Introduced Feb 14, 2018 Last action Jan 8, 2019
Floor votes

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Full legislative history

Actions timeline

Total actions
31
Key actions
2
Committee
6
May 31, 2018
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
May 14, 2018
Lower · Passed
Approved for Consideration Rules Committee; 004-000-000
lower
Apr 27, 2018
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Apr 12, 2018
Lower · Passed
Do Pass / Short Debate Judiciary - Criminal Committee; 008-005-000
lower
Mar 5, 2018
Committee
Assigned to Judiciary - Criminal Committee
lower
Feb 14, 2018
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor

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