HB 1459 Summary

• State attorneys may petition sentencing courts to resentence felony offenders if the original sentence no longer advances the interests of justice

• Courts may grant or deny resentencing petitions and, if granted, must resentence the offender without imposing a sentence greater than the original

• Courts may consider postconviction factors including inmate disciplinary records, rehabilitation efforts, age, time served, physical condition, and changed circumstances affecting risk of future violence

• State attorneys must make reasonable efforts to notify victims and provide them access to victim advocates; courts must allow victims to present statements personally or by representation before resentencing

• All time served must be credited toward any new sentence; resentencing does not reopen the original conviction to otherwise barred challenges; effective July 1, 2021