Summary as Introduced
Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance for which the statutory penalty has been subsequently reduced or altered may petition the trial court that entered the judgment of conviction to request resentencing or dismissal in accordance with the statutory penalty in effect at the time of the filing of the petition. Provides that upon verified petition for resentencing by the defendant, the trial court that entered the judgment of conviction in a defendant's case may order resentencing at any time after 30 days have passed following the imposition of a sentence under a guilty verdict or a finding of guilt for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance provided: (1) the State's Attorney or other prosecuting attorney is given at least 30-day notice of the filing of the petition seeking resentencing; (2) the statutory penalty for the offense for which the defendant was found guilty or convicted, since his or her plea of guilty or conviction, has been subsequently reduced or altered in a manner that includes, but is not limited to: (A) reducing the minimum or maximum sentence for the offense; (B) granting the court more discretion over the range of penalties available for the offense; or (C) changing the penalties associated with the offense or conduct underlying the offense in any way.
Staff Analysis
Amends the State Police Act. In a provision concerning the military equipment surplus program, changes the definition of "grenade launcher" and "tracked armored vehicle". Amends the Task Force on Constitutional Rights and Remedies Act. In a provision concerning task force members, deletes language providing for the responsibility of appointing a chairperson. Amends the Illinois Police Training Act. Provides that all mandated training will be provided for at no cost to the employees, and that employees shall be paid for all time spent attending mandated training. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that officer-worn body cameras may be turned off when the officer is inside a correctional facility or courthouse which is equipped with a functioning camera system. Provides that a law enforcement officer shall not have access to or review his or her body-worn camera recordings, the body-worn camera recordings of another officer, or any other recordings prior to completing incident reports or other documentation under specified circumstances. Provides that notwithstanding provisions of the Illinois Freedom of Information Act, a law enforcement agency receiving a complaint made against a law enforcement officer will provide an opportunity for the complainant to view the available recordings from a body worn camera system pertaining to the incident as soon as practical and prior to the complainant finalizing their complaint, if so requested by the complainant. Amends the Uniform Crime Reporting Act. Defines a "mental health crisis". Amends the Counties Code. Makes changes to a provision concerning the military equipment surplus program. Amends the Criminal Code of 2012. Provides that a peace officer is not justified in using force likely to cause death or great bodily harm when there is no longer an immediate threat of great bodily harm to the officer or another. In a provision concerning prohibited use of force by a peace officer, provides that "chokehold" does not include any holding involving contact with the neck that is not intended to reduce the intake of air. Places restrictions on the use of chemical agents or irritants. In a provision concerning the duty to intervene, replaces a reference to a person acting on behalf of a peace officer with a reference to a person acting under the color of law. Amends the Code of Criminal Procedure. Amends the Unified Code of Corrections. Makes changes in a provision concerning rules and regulations for sentence credit concerning participation in certain programs, assignments, and activities. Makes changes in a provision concerning committed person post-partum recovery requirements. Makes changes in a provision concerning mandatory supervised release. Amends the Reporting of Deaths in Custody Act. Makes changes in a provision concerning the report of deaths of persons in custody in correctional institutions. Delays the effective date of various provisions changed by Public Act 101-652. Makes other changes. Contains a severability clause. Effective immediately.