Rep. Kelly M. Cassidy
Filed: 2/28/2017
 
 


 




10000HB1804ham001LRB100 09059 SLF 22699 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. Motion to resentence; statutory penalty 
8reduction.
9 (a) A motion may be filed with the trial court that entered 
10the judgment of conviction in a defendant's case at any time 
11following the entry of a guilty verdict or a finding of guilt 
12for any offense under the Criminal Code of 1961 or the Criminal 
13Code of 2012 or a similar local ordinance by the defendant 
14provided:
15  (1) the State is given at least 30 days notice of the 
16 motion;
 
 
10000HB1804ham001- 2 -LRB100 09059 SLF 22699 a


1  (2) the motion is not objected to by a non-moving 
2 party; and
3  (3) the motion clearly states the statutory penalty for 
4 the offense for which the defendant was found guilty or 
5 convicted has, since his or her plea of guilty or 
6 conviction, been subsequently reduced or altered in a 
7 manner that includes but is not limited to:
8   (A) reducing the minimum or maximum sentence for 
9 the offense;
10   (B) granting the court more discretion over the 
11 range of penalties available for the offense;
12   (C) decriminalizing the underlying conduct 
13 relating to the offense; or
14   (D) changing the penalties associated with the 
15 offense or conduct underlying the offense in any way.
16 (b) If the court grants a motion under this Section, the 
17court must reduce the penalty imposed on the defendant so that 
18it is consistent with the penalty the defendant would have 
19received if the current law was in effect on the date when the 
20offense was committed and the court may take any additional 
21action it deems appropriate under the circumstances.".