IL SB2129

Allows State's Attorneys to petition the sentencing court at any time to resentence a defendant if the original sentence no longer advances the interests of justice.

Court may resentence a defendant using the same procedures as original sentencing, but the new sentence cannot exceed the original sentence imposed.

Court may consider postconviction factors including disciplinary record, rehabilitation, age, time served, diminished physical condition, and changed circumstances since original sentencing.

Victims retain all rights under the Rights of Crime Victims and Witnesses Act and must be afforded notice and opportunity to be heard.

Resentencing does not reopen the defendant's conviction to challenges that would otherwise be barred, and does not limit the Governor's constitutional powers regarding reprieves, commutations, or pardons.