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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB4267eng HB4267 Engrossed 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 haveone full19year haselapsed 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-yearone-year26 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-yearone-yearwaiting period, 31 if applicable, if the petitioner can show that a change in HB4267 Engrossed -2- LRB9105204RCprA 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. HB4267 Engrossed -3- LRB9105204RCprA 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.