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IL HB3322

Bill

Status

Introduced

2/26/2015

Primary Sponsor

Kelly Cassidy

Click for details

Origin

House of Representatives

99th General Assembly

AI Summary

  • Allows defendants to file a motion with the trial court at any time after conviction seeking resentencing if the penalty for their offense was reduced or changed after their guilty plea or conviction.

  • Motion must clearly state that the offense penalty was amended or changed and became effective after the defendant's conviction, including reductions to minimum or maximum sentences, increased judicial discretion, decriminalization of conduct, or any other penalty reduction.

  • Requires reasonable notice of the motion be served upon the State's Attorney.

  • If the court grants the motion, it must reduce the defendant's penalty to match what they would have received under the current law in effect on the date the offense was committed.

  • Court may take any additional action it deems appropriate under the circumstances when granting a resentencing motion.

Legislative Description

CRIM PRO - RESENTENCE

Last Action

Rule 19(a) / Re-referred to Rules Committee

4/24/2015

Committee Referrals

Rules4/24/2015
Judiciary - Criminal3/12/2015
Restorative Justice3/10/2015
Rules2/26/2015

Full Bill Text

No bill text available