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Rep. Monique D. Davis
Filed: 4/12/2013
| | 09800HB0821ham001 | | LRB098 03649 RLC 44477 a |
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| 1 | | AMENDMENT TO HOUSE BILL 821
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| 2 | | AMENDMENT NO. ______. Amend House Bill 821 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by adding Section 122-6.1 as follows:
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| 6 | | (725 ILCS 5/122-6.1 new) |
| 7 | | Sec. 122-6.1. Innocent petitioner; certificate of |
| 8 | | innocence and expungement. If at the conclusion of a proceeding |
| 9 | | under this Article the court finds that the petitioner |
| 10 | | established his or her innocence by clear and convincing |
| 11 | | evidence, the court shall: |
| 12 | | (1) order that a certificate of innocence be issued to the |
| 13 | | petitioner for all offenses for which a finding of innocence |
| 14 | | was made; and |
| 15 | | (2) enter an order of expungement as provided in subsection |
| 16 | | (b) of Section 5-5-4 of the Unified Code of Corrections.".
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