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IL HR1319
Resolution
Status
6/10/2016
Primary Sponsor
LaShawn Ford
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AI Summary
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Urges Congress to amend 28 U.S.C. 2255 to extend federal post-conviction relief to persons convicted and sentenced to probation or already released from federal custody when exculpatory evidence was withheld by prosecutors.
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Notes that current federal law limits post-conviction relief under 28 U.S.C. 2255 only to persons currently in custody, preventing relief for those on probation or already released.
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Cites Brady v. Maryland (1963), establishing that prosecutors' suppression of favorable evidence violates due process if material to guilt or punishment, regardless of prosecutorial intent.
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Identifies that wrongful convictions with withheld exculpatory evidence burden individuals with criminal records, making employment and reintegration into society difficult.
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Directs that copies of the resolution be sent to the Speaker of the U.S. House, President pro tempore of the Senate, Congressional leadership, and the Illinois Congressional delegation.
Legislative Description
POST CONVICTION RELIEF-FEDERAL
Last Action
Rule 19(b) / Re-referred to Rules Committee
1/3/2017