STATE RESENTENCING MOTION Senate SponsorsSen. Robert Peters-Elgie R. Sims, Jr.-Emil Jones, III House Sponsors(Rep. Kelly M. Cassidy-Justin Slaughter-Kambium Buckner-Curtis J. Tarver, II-Jawaharial Williams, Carol Ammons, Mark L. Walker, Anne Stava-Murray, Daniel Didech, Rita Mayfield, Delia C. Ramirez, Nicholas K. Smith, Thaddeus Jones and Lakesia Collins) 7/15/2021SenatePublic Act . . . . . . . . . 102-0102 725 ILCS 5/123 newAmends the Code of Criminal Procedure of 1963. Provides that 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. Provides that 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. Provides that, upon 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. Provides that 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. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon. 2/26/2021SenateFiled with Secretary by Sen. Robert Peters 2/26/2021SenateFirst Reading 2/26/2021SenateReferred to Assignments 3/16/2021SenateAssigned to Criminal Law 4/14/2021SenateDo Pass Criminal Law; 007-003-000 4/14/2021SenatePlaced on Calendar Order of 2nd Reading April 15, 2021 4/14/2021SenateAdded as Chief Co-Sponsor Sen. Elgie R. Sims, Jr. 4/20/2021SenateSecond Reading 4/20/2021SenatePlaced on Calendar Order of 3rd Reading April 21, 2021 4/21/2021SenateAdded as Chief Co-Sponsor Sen. Emil Jones, III 4/21/2021SenateThird Reading - Passed; 031-017-000 4/22/2021HouseArrived in House 4/22/2021HouseChief House Sponsor Rep. Kelly M. Cassidy 4/23/2021HouseFirst Reading 4/23/2021HouseReferred to Rules Committee 4/28/2021HouseAssigned to Restorative Justice Committee 4/29/2021HouseAdded Alternate Co-Sponsor Rep. Carol Ammons 5/6/2021HouseDo Pass / Short Debate Restorative Justice Committee; 004-002-000 5/6/2021HousePlaced on Calendar 2nd Reading - Short Debate 5/13/2021HouseSecond Reading - Short Debate 5/13/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/14/2021HouseAdded Alternate Co-Sponsor Rep. Mark L. Walker 5/14/2021HouseAdded Alternate Co-Sponsor Rep. Anne Stava-Murray 5/14/2021HouseAdded Alternate Co-Sponsor Rep. Daniel Didech 5/14/2021HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield 5/14/2021HouseAdded Alternate Co-Sponsor Rep. Delia C. Ramirez 5/14/2021HouseAdded Alternate Chief Co-Sponsor Rep. Justin Slaughter 5/14/2021HouseAdded Alternate Chief Co-Sponsor Rep. Kambium Buckner 5/18/2021HouseAdded Alternate Chief Co-Sponsor Rep. Curtis J. Tarver, II 5/18/2021HouseAdded Alternate Co-Sponsor Rep. Nicholas K. Smith 5/19/2021HouseAdded Alternate Chief Co-Sponsor Rep. Jawaharial Williams 5/19/2021HouseAdded Alternate Co-Sponsor Rep. Thaddeus Jones 5/28/2021HouseFinal Action Deadline Extended-9(b) May 31, 2021 5/29/2021HouseThird Reading - Short Debate - Passed 061-048-000 5/29/2021SenatePassed Both Houses 5/29/2021HouseAdded Alternate Co-Sponsor Rep. Lakesia Collins 6/25/2021SenateSent to the Governor 7/15/2021SenateGovernor Approved 7/15/2021SenateEffective Date January 1, 2022 7/15/2021SenatePublic Act . . . . . . . . . 102-0102