093_SB1440ham001

 










                                     LRB093 10377 RLC 15241 a

 1                    AMENDMENT TO SENATE BILL 1440

 2        AMENDMENT NO.     .  Amend Senate Bill 1440 as follows:
 3    on page 2,  line  17,  by  inserting  after  the  period  the
 4    following:
 5    "Leave   of  court  may  be  granted  only  if  a  petitioner
 6    demonstrates cause for his or her failure to bring the  claim
 7    in   his  or  her  initial  post-conviction  proceedings  and
 8    prejudice results from that failure.  For  purposes  of  this
 9    subsection  (f): (1) a prisoner shows cause by identifying an
10    objective factor that impeded his or her ability to  raise  a
11    specific  claim  during  his  or  her initial post-conviction
12    proceedings;  and  (2)  a   prisoner   shows   prejudice   by
13    demonstrating  that  the  claim  not raised during his or her
14    initial post-conviction proceedings  so  infected  the  trial
15    that  the  resulting  conviction  or  sentence  violated  due
16    process.".