Bill Text: IL HB2961 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Criminal Procedure of 1963. Allows any defendant convicted of a criminal offense (rather than only those imprisoned on a felony offense) to file a post-conviction petition challenging his or her conviction on the grounds there was a substantial denial of his or her rights under the Constitution of the United States or of the State of Illinois. Allows any defendant convicted of a criminal offense (rather than only those under sentence of death) to file a post-conviction petition on the basis of newly discovered evidence (rather than newly discovered evidence not available at the time of the proceeding in which he or she was convicted) that establishes a substantial basis to believe that the defendant is actually innocent by clear and convincing evidence. Allows a post-conviction petition to be commenced on behalf of any defendant (rather than only a defendant sentenced to death), without the written consent of the defendant, if the defendant, because of a mental or physical condition, is incapable of asserting his or her own claim. Makes conforming changes in the statute on court dismissals of post-conviction petitions.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2961 Detail]

Download: Illinois-2013-HB2961-Amended.html

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Rep. Scott Drury

Filed: 4/5/2013

09800HB2961ham002 LRB098 09632 RLC 43988 a
AMENDMENT TO HOUSE BILL 2961
AMENDMENT NO. ______. Amend House Bill 2961, AS AMENDED,
with reference to page and line numbers of House Amendment No.
1, by replacing lines 17 through 26 on page 4 and lines 1
through 14 on page 5 with the following:
"(f) Only one petition may be filed by a petitioner under
this Article without leave of the court. The determination as
to whether to grant leave of court shall be made prior to or
contemporaneously with any order made under paragraph (2) of
subsection (a) or subsection (b) of Section 122-2.1 without
pleadings from the State. Leave of court may be granted only if
a petitioner demonstrates:
(1) cause for his or her failure to bring the claim in
his or her initial post-conviction proceedings and
prejudice results from that failure; or
(2) that there has been a fundamental miscarriage of
justice.
For purposes of this subsection (f):

09800HB2961ham002 - 2 - LRB098 09632 RLC 43988 a
(A) (1) a petitioner demonstrates prisoner shows cause
by adequately pleading that identifying an identified
objective factor that impeded his or her ability to raise a
specific claim during his or her initial post-conviction
proceedings; and
(B) (2) a petitioner demonstrates prisoner shows
prejudice by adequately pleading demonstrating that the
claim not raised during his or her initial post-conviction
proceedings so infected the trial that the resulting
conviction or sentence violated due process; and .
(C) a petitioner demonstrates a fundamental
miscarriage of justice by adequately pleading that there is
newly discovered evidence that establishes a substantial
basis to believe that the petitioner is actually innocent
by clear and convincing evidence.".