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IL HB1587

Bill

Status

Failed

12/3/2014

Primary Sponsor

LaShawn Ford

Click for details

Origin

House of Representatives

98th General Assembly

AI Summary

  • Amends the Code of Criminal Procedure of 1963 to expand eligibility for post-conviction hearings to include persons confined or subject to confinement by state, local, or federal government as a result of a state criminal conviction.

  • Allows persons to petition for relief based on substantial denial of constitutional rights or, for death penalty cases, newly discovered evidence establishing actual innocence by clear and convincing evidence.

  • Permits actual innocence petitions to be filed within a reasonable period of time after conviction, removing standard statute of limitations restrictions that otherwise apply to post-conviction proceedings.

  • Requires actual innocence petitions to be dismissed in writing with specific findings of fact if determined frivolous or patently without merit, with dismissal order served by certified mail within 10 days.

  • Maintains existing limitations requiring only one petition without court leave, with subsequent petitions permitted only upon demonstration of cause and prejudice resulting from failure to raise claims initially.

Legislative Description

CRIM PRO-POST-CONVICTION

Last Action

Session Sine Die

12/3/2014

Committee Referrals

Rules3/22/2013
Judiciary2/25/2013
Rules2/14/2013

Full Bill Text

No bill text available