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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB4267
LRB9105204RCprA
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-3-13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-3-13 as follows:
7 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
8 Sec. 3-3-13. Procedure for Executive Clemency.
9 (a) Petitions seeking pardon, commutation, or reprieve
10 shall be addressed to the Governor and filed with the
11 Prisoner Review Board. The petition shall be in writing and
12 signed by the person under conviction or by a person on his
13 behalf. It shall contain a brief history of the case, the
14 reasons for seeking executive clemency, and other relevant
15 information the Board may require.
16 (a-5) After a petition has been denied by the Governor,
17 the Board may not accept a repeat petition for executive
18 clemency for the same person until 3 full years have one full
19 year has elapsed from the date of the denial, except when the
20 repeat petition for executive clemency is on behalf of a
21 person sentenced to death. If a person on whose behalf a
22 petition for executive clemency has been filed has been
23 sentenced to death, the Board may accept a repeat petition
24 for executive clemency for the same person at any time. The
25 Chairman of the Board may waive the 3-year one-year
26 requirement, if applicable, if the petitioner offers in
27 writing new information that was unavailable to the
28 petitioner at the time of the filing of the prior petition
29 and which the Chairman determines to be significant. The
30 Chairman also may waive the 3-year one-year waiting period,
31 if applicable, if the petitioner can show that a change in
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1 circumstances of a compelling humanitarian nature has arisen
2 since the denial of the prior petition.
3 (b) Notice of the proposed application shall be given by
4 the Board to the committing court and the state's attorney of
5 the county where the conviction was had.
6 (c) The Board shall, if requested and upon due notice,
7 give a hearing to each application, allowing representation
8 by counsel, if desired, after which it shall confidentially
9 advise the Governor by a written report of its
10 recommendations which shall be determined by majority vote.
11 The Board shall meet to consider such petitions no less than
12 4 times each year.
13 Application for executive clemency under this Section may
14 not be commenced on behalf of a person who has been sentenced
15 to death without the written consent of the defendant, unless
16 the defendant, because of a mental or physical condition, is
17 incapable of asserting his or her own claim.
18 (d) The Governor shall decide each application and
19 communicate his decision to the Board which shall notify the
20 petitioner.
21 In the event a petitioner who has been convicted of a
22 Class X felony is granted a release, after the Governor has
23 communicated such decision to the Board, the Board shall give
24 written notice to the Sheriff of the county from which the
25 offender was sentenced if such sheriff has requested that
26 such notice be given on a continuing basis. In cases where
27 arrest of the offender or the commission of the offense took
28 place in any municipality with a population of more than
29 10,000 persons, the Board shall also give written notice to
30 the proper law enforcement agency for said municipality which
31 has requested notice on a continuing basis.
32 (e) Nothing in this Section shall be construed to limit
33 the power of the Governor under the constitution to grant a
34 reprieve, commutation of sentence, or pardon.
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1 (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.