Public Act 102-0102
 
SB2129 EnrolledLRB102 16629 KMF 22029 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by adding Section 123 as follows:
 
    (725 ILCS 5/123 new)
    Sec. 123. Motion to resentence by the People.
    (a) The purpose of sentencing is to advance public safety 
through punishment, rehabilitation, and restorative justice. 
By providing a means to reevaluate a sentence after some time 
has passed, the General Assembly intends to provide the 
State's Attorney and the court with another tool to ensure 
that these purposes are achieved.
    (b) At any time upon the recommendation of the State's 
Attorney of the county in which the defendant was sentenced, 
the State's Attorney may petition the sentencing court or the 
sentencing court's successor to resentence the offender if the 
original sentence no longer advances the interests of justice. 
The sentencing court or the sentencing court's successor may 
resentence the offender if it finds that the original sentence 
no longer advances the interests of justice.
    (c) Upon the receipt of a petition for resentencing, the 
court may resentence the defendant in the same manner as if the 
offender had not previously been sentenced; however, the new 
sentence, if any, may not be greater than the initial 
sentence.
    (d) The court may consider postconviction factors, 
including, but not limited to, the inmate's disciplinary 
record and record of rehabilitation while incarcerated; 
evidence that reflects whether age, time served, and 
diminished physical condition, if any, have reduced the 
inmate's risk for future violence; and evidence that reflects 
changed circumstances since the inmate's original sentencing 
such that the inmate's continued incarceration no longer 
serves the interests of justice. Credit shall be given for 
time served.
    (e) Victims shall be afforded all rights as outlined in 
the Rights of Crime Victims and Witnesses Act.
    (f) A resentencing under this Section shall not reopen the 
defendant's conviction to challenges that would otherwise be 
barred.
    (g) Nothing in this Section shall be construed to limit 
the power of the Governor under the Constitution to grant a 
reprieve, commutation of sentence, or pardon.