Rep. Kelly M. Cassidy
Filed: 4/19/2021
 
 


 




10200HB3443ham001LRB102 12812 KMF 25012 a



1
AMENDMENT TO HOUSE BILL 3443 




2 AMENDMENT NO. ______. Amend House Bill 3443 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 123 as follows:

6 (725 ILCS 5/123 new)
7 Sec. 123. Motion to resentence by the People.
8 (a) The purpose of sentencing is to advance public safety 
9through punishment, rehabilitation, and restorative justice. 
10By providing a means to reevaluate a sentence after some time 
11has passed, the General Assembly intends to provide the 
12State's Attorney and the court with another tool to ensure 
13that these purposes are achieved.
14 (b) At any time upon the recommendation of the State's 
15Attorney of the county in which the defendant was sentenced, 
16the State's Attorney may petition the sentencing court or the 
 
 
10200HB3443ham001- 2 -LRB102 12812 KMF 25012 a


1sentencing court's successor to resentence the offender if the 
2original sentence no longer advances the interests of justice. 
3The sentencing court or the sentencing court's successor may 
4resentence the offender if it finds that the original sentence 
5no longer advances the interests of justice.
6 (c) Upon the receipt of a petition for resentencing, the 
7court may resentence the defendant in the same manner as if the 
8offender had not previously been sentenced; however, the new 
9sentence, if any, may not be greater than the initial 
10sentence.
11 (d) The court may consider postconviction factors, 
12including, but not limited to, the inmate's disciplinary 
13record and record of rehabilitation while incarcerated; 
14evidence that reflects whether age, time served, and 
15diminished physical condition, if any, have reduced the 
16inmate's risk for future violence; and evidence that reflects 
17changed circumstances since the inmate's original sentencing 
18such that the inmate's continued incarceration no longer 
19serves the interests of justice. Credit shall be given for 
20time served.
21 (e) Victims shall be afforded all rights as outlined in 
22the Rights of Crime Victims and Witnesses Act.
23 (f) A resentencing under this Section shall not reopen the 
24defendant's conviction to challenges that would otherwise be 
25barred.
26 (g) Nothing in this Section shall be construed to limit 
 
 
10200HB3443ham001- 3 -LRB102 12812 KMF 25012 a


1the power of the Governor under the Constitution to grant a 
2reprieve, commutation of sentence, or pardon.".