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

---

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

---

Sen. Kwame Raoul

Filed: 5/7/2013

09800HB2961sam001 LRB098 09632 MRW 45397 a
AMENDMENT TO HOUSE BILL 2961
AMENDMENT NO. ______. Amend House Bill 2961 on page 1, by
replacing lines 8 through 11 with the following:
"(a) Any person imprisoned in the penitentiary or otherwise
confined in a detention facility as the result of a State
criminal conviction or delinquency adjudication may institute
a proceeding under this Article if".