100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3599
 
Introduced , by Rep. Justin Slaughter
 
SYNOPSIS AS INTRODUCED:
 

 
705 ILCS 405/5-621 new

     Amends the Juvenile Court Act of 1987. Provides that a person detained in the Department of Juvenile Justice may institute a post-conviction appeal if in the proceedings which resulted in his or her conviction there was a substantial denial of his or her rights under the Constitution of the United States or of the State of Illinois or both; or there is newly discovered evidence not available to the person at the time of the proceeding that resulted in his or her conviction that establishes a substantial basis to believe that the defendant is actually innocent by clear and convincing evidence. Provides that this proceeding may be commenced within a reasonable period of time after the person's adjudication. Provides that only one petition may be filed by a petitioner under this provision without leave of the court. Makes other changes.
  


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A BILL FOR
 

  
HB3599LRB100 10483 SLF 20696 b


  
1    AN ACT concerning courts.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Juvenile Court Act of 1987 is amended  by 
5adding Section 5-621 as follows:
 
6    (705 ILCS 405/5-621 new)
7    Sec. 5-621. Post-conviction appeal.
8    (a) A person detained in the Department of Juvenile Justice 
9may institute a proceeding under this Section if the person 
10asserts that:
11        (1) in the proceedings which resulted in his or her 
12    conviction there was a substantial denial of his or her 
13    rights under the Constitution of the United States or of 
14    the State of Illinois or both; or
15        (2) there is newly discovered evidence not available to 
16    the person at the time of the proceeding that resulted in 
17    his or her conviction that establishes a substantial basis 
18    to believe that the defendant is actually innocent by clear 
19    and convincing evidence.
20    (b) A proceeding under paragraph (1) and (2) of subsection 
21(a) may be commenced within a reasonable period of time after 
22the person's adjudication. In such a proceeding regarding 
23actual innocence, if the court determines the petition is 
 
 
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1frivolous or is patently without merit, it shall dismiss the 
2petition in a written order, specifying the findings of fact 
3and conclusions of law it made in reaching its decision. An 
4order of dismissal is a final judgment and shall be served upon 
5the petitioner by certified mail within 10 days of its entry.
6    (c) The proceeding shall be commenced by filing with the 
7clerk of the court and with a petition verified by affidavit. 
8The petitioner shall also serve another copy upon the State's 
9Attorney.  The clerk shall docket the petition for consideration 
10by the court upon his or her receipt and bring the same 
11promptly to the attention of the court.
12    (d) A person seeking relief by filing a petition under this 
13Section shall specify in the petition or its heading that it is 
14filed under this Section.
15    (e) Only one petition may be filed by a petitioner under 
16this Section without leave of the court.