HB3443 Engrossed LRB102 12812 KMF 18153 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Code of Criminal Procedure of 1963 is
5		amended 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
8		reduction.
9		(a) A person serving a sentence for any criminal offense
10		under the Criminal Code of 1961 or the Criminal Code of 2012 or
11		a similar local ordinance for which the statutory penalty has
12		been subsequently reduced or altered may petition the trial
13		court that entered the judgment of conviction to request
14		resentencing or dismissal in accordance with the statutory
15		penalty in effect at the time of the filing of the petition.
16		(b) Upon verified petition for resentencing by the
17		defendant, the trial court that entered the judgment of
18		conviction in a defendant's case may order resentencing at any
19		time after 30 days have passed following the imposition of a
20		sentence under a guilty verdict or a finding of guilt for any
21		criminal offense under the Criminal Code of 1961 or the
22		Criminal Code of 2012 or a similar local ordinance provided:
23		(1) the State's Attorney or other prosecuting attorney

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1		is given at least 30-day notice of the filing of the
2		petition seeking resentencing; and
3		(2) the statutory penalty for the offense for which
4		the defendant was found guilty or convicted, since his or
5		her plea of guilty or conviction, has been subsequently
6		reduced or altered in a manner that includes, but is not
7		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; or
12		(C) changing the penalties associated with the
13		offense or conduct underlying the offense in any way.
14		(c) In determining whether to grant a petition under this
15		Section, the court shall determine whether the petitioner
16		satisfies the criteria in subsection (b). If the petitioner
17		satisfies the criteria in subsection (b), the court shall
18		resentence the defendant in a manner that is consistent with
19		the penalty the defendant would have received if the statutory
20		penalty in effect at the time of the filing of the petition was
21		in effect on the date when the offense was committed or the
22		original sentence was imposed, unless the court, in its
23		discretion, determines that resentencing the petitioner would
24		pose an unreasonable risk of danger to public safety. In
25		exercising its discretion, the court may consider any of the
26		following:

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1		(1) the petitioner's criminal conviction history,
2		including the type of offenses committed, the extent of
3		injury to victims, the length of prior prison commitments,
4		and the remoteness of the offenses;
5		(2) the petitioner's disciplinary record and record of
6		rehabilitation while incarcerated; and
7		(3) any other evidence the court, within its
8		discretion, determines to be relevant in deciding whether
9		a new sentence would result in an unreasonable risk of
10		danger to public safety.
11		In this subsection (c), "unreasonable risk of danger to
12		public safety" means an unreasonable risk that the petitioner
13		will commit a new violent felony under the Criminal Code of
14		2012.
15		(d) A person who is resentenced under subsection (b) shall
16		be given credit for time served and shall be subject to parole
17		or mandatory supervised release for one year following
18		completion of his or her sentence, unless the court, in its
19		discretion, as part of its resentencing order, releases the
20		person from parole or mandatory supervised release.
21		(e) Resentencing under this Section may not result in the
22		imposition of a term of imprisonment longer than the original
23		sentence.
24		(f) A person who has completed his or her sentence for a
25		conviction of a felony who would have been guilty of a
26		misdemeanor if the current law was in effect on the date when

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1		the offense was committed or the original sentence was
2		imposed, may petition the trial court that entered the
3		judgment of conviction in his or her case to have the felony
4		conviction designated as a misdemeanor.
5		(g) If the petition satisfies the criteria in subsection
6		(f), the court shall designate the felony offense as a
7		misdemeanor.
8		(h) A person who has completed his or her sentence for a
9		conviction of a felony who would not have been guilty of an
10		offense if the statutory penalty in effect at the time of the
11		filing of the petition was in effect on the date when the
12		offense was committed or the original sentence was imposed,
13		may file an application before the trial court that entered
14		the judgment of conviction in his or her case to have the
15		conviction dismissed and sealed.